I’ve written a lot about the Procedure for Mutual Consent Divorce and Contested Divorce in my previous articles. A lot has been written about the Grounds for Divorce as well. However, there is another important topic which often isn’t talked about much. That is, territorial jurisdiction for filing a Divorce Petition. Since most marriages in India are governed by the Hindu Marriage Act, […]
Procedure For Contested Divorce As Per Hindu Marriage Act In India
“They say marriages are made in heaven. But so is thunder and lightening.” — Clint Eastwood At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what […]
Understanding Cruelty – Grounds For Divorce In India
The expression “cruelty” has not been defined, however Section 13(1)(ia) of the Hindu Marriage Act 1955, provides: 13 Divorce — (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party; (ia) has, after […]
Understanding Adultery – Grounds For Divorce In India
In a survey conducted by Ashley Madison, a global dating website, it was revealed that 76% of Indian women and 61% of Indian men don’t think that infidelity is a sin or immoral. People may not find infidelity a sin or immoral, but I would like to remind you that adultery is illegal as per Section 497 of the Indian Penal Code, 1860 which reads as […]
Grounds for Divorce as per Hindu Marriage Act in India
The Hindu Marriage Act provides a lot of grounds for divorce, which a spouse can seek in order to obtain divorce in India. Although marriage, according to Hindu Law, is a holy sacrament and not a contract, and that the husband and wife are considered one in law. Despite that, problems and tensions may develop between husband and wife and […]