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, […]
Divorce / Indian Laws Explained
Procedure For Mutual Consent Divorce As Per Hindu Marriage Act In India
“I’m so miserable without you, it’s almost like having you here.” -Unknown Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual […]
Divorce
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 […]
Divorce / Indian Laws Explained
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 […]
Divorce / Indian Laws Explained
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 […]