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Introduction

When a court or other competent authority ends a marriage lawfully, divorce occurs. It entails a number of financial, emotional, legal, and parental difficulties. When a couple no longer wants to remain together, a divorce is frequently their last option. By choosing this legitimate approach to end the marriage, they can decide to live apart temporarily or permanently. Financial issues, child custody, and other concerns come up when couples decide to split. Courts and divorce laws are involved in resolving these problems. Information on divorce and the legislation governing separation will be provided in this article.

How to file a divorce in India?

1. The couple will require a lawyer to handle all of their legal responsibilities.

2. The attorney will submit a petition to the judge.

3. The petition will be copied and given to the spouse.

4. Either spouse may consent to divorce or may object.

5. The outcome of the surgery will depend on the specifics of the situation.

6. The parties must demonstrate that they have been living apart for more than a year in order to obtain a divorce by mutual consent.

7. The parties have six months to decide whether to file for divorce again.

8. If the parties still wish to have a divorce after the six months have passed, the court can issue a divorce decree.

Hindu Law

The Hindu Marriage Act, 1955 was passed with the intention of giving all sections of Hindus and other people a standard legal framework for marriage. Hindu marriage law was codified, and provisions for divorce and separation were also added. It is acknowledged in every jurisdiction that public policy, good morals, and the interests of society demand that marriage be protected in every way possible and that its dissolution be permitted only in the ways and for the reasons permitted by law. Divorce is neither favored or encouraged, and it is only allowed under extreme circumstances.

Muslim Law

In its literal sense, talaaq is to release or set free. Thus, it also refers to liberation from a connection known as marriage in terms of Islamic law. Additionally, this signifies the husband's legal divorce of the marriage.

Free consent and capacity are two requirements for a legitimate talaaq. The term "talaaq" must be said with free permission, with the exception of Hanafi law. While a talaaq made while under the influence, under duress, or through deception is also regarded as legal under Hanafi law.

The term "talaaq" can be pronounced by any Muslim husband who has reached puberty and is of sound mind. As a result, no justification is necessary for the proclamation. While a husband who is not old enough or of sound mind cannot pronounce it.

Special Marriage Act

In 1954, the Special Marriage Act was passed. Act III from 1872 was replaced by it. Its goal is to offer unique marriage to everyone residing in India as well as Indians living abroad, regardless of the parties' respective religions. Act III, 1872 was replaced by this Act in order to achieve the following three basic goals:

1. to offer a unique type of marriage under specific conditions.

2. to offer a procedure in the event of divorce.

3. to offer registration for such unique unions.

Conclusion

Even though there are several laws governing divorce, they all center on giving both the men and women in a marriage the proper relief and fairness. Similar to other legal processes, divorce proceedings have several stages, including summons delivery, trial, temporary relief, arguments, and final judgment. During the divorce process, additional crucial aspects that are unavoidable include alimony, child custody, property division, etc. Lack of clarity in the law and practise surrounding divorce can be not only time-consuming, but also stressful, as it is still one of the most unpleasant experiences for a married couple and can get rather messy. Therefore, it is advised to seek the best legal advice and counsel before starting the process.

References

1. https://www.marriage.com/advice/divorce/

2. https://blog.ipleaders.in/divorce-law-in-india/