The legal separation of a man and a woman’s marriage is known as divorce. In accordance with this rule, the court must receive a petition either from the woman or the husband before granting the divorce. Following a divorce, the parties will divide their assets and liabilities as well as decide on support payments, child custody arrangements, and visiting rights. The Christian couple ought to be knowledgeable of the divorce proceedings in our nation before deciding to get a divorce. The Indian Divorce Act will be thoroughly examined in this article. Contact some of the good divorce lawyers in bangalore here.
Overview of the Indian Divorce Act
In 1869, a proposal for the Indian Divorce Act was introduced into Indian law. The process and laws surrounding divorce in India vary depending on the couple’s culture. As previously mentioned, the Indian Divorce Act, of 1869 governs divorce among Christians, the Hindu Marriage Act, of 1955 governs it for Hindus, Buddhists, Sikhs, and Jains, the Dissolution of Muslim Marriages Act, of 1939 governs it for Muslims, the Parsi Marriage and Divorce Act, 1936 governs it for Parsis, and the Special Marriage Act, 1956 governs it for civil as well as intercommunity marriages. The State of Jammu and Kashmir is not covered by the scope of this divorce Act, however, inhabitants of other states who reside in Jammu and Kashmir are still eligible for these guidelines and requirements.
Divorce Petition Variations
According to the Indian divorce laws, a Christian couple may divorce with mutual consent or either spouse could initiate the process even without the other’s permission.
Separation by Mutual Consent
The courts will take a separation with mutual consent into consideration when the couple agrees to the divorce. According to Section 10A of the Indian Divorce Act of 1869, the couple should have been apart for at least two years. all they are required to prove that they were not cohabiting throughout this time.
The pair must be capable of demonstrating that they cannot cohabitate. The custody, support, and property ownership of the children must be jointly agreed upon.
Maintenance or Alimony Issues
The spouses must come to an agreement on three different issues. Alimony or maintenance concerns are one of them. There is neither a minimum nor maximum amount of maintenance mandated under divorce law.
child custody
The child’s guardianship will serve as the next factor to be taken into account. Regardless of how the spouses see things, child custody arrangements in a divorce with mutual consent may be divided, joint, or exclusive.
Real Estate Rights
The third is real estate. The couple should determine which portion of the land belongs to who (both movable and immovable property). The financial assets must be split into equal parts.
Duration of Separation
According to the court’s ruling, a separation by mutual consent can take anywhere between six and Eighteen months to complete.
A decree for ending a marriage
In the event that the court is convinced and the plaintiff’s proof is convincing, the court will issue a decree dissolving the marriage. The Court will not be required to issue such an order in the given situations, per this act:
- If it concludes that the applicant committed adultery,
- If the applicant was guilty of presenting or pursuing the petition with undue delay,
- When one spouse in a marriage is disrespectful toward the other
- In the event that one has purposefully or willingly departed the other partner well before alleged adultery also without good justification.
