Dissolution of marriage is known as divorce.
After divorce the persons are no longer regarded as husband and wife.
To put a stop on marriage the only legitimate way is divorce after that the person is free to re marry.
In ancient times divorce was considered as a big thing and it affected the families too so to solve a dispute between husband and wife the last step was divorce.
Now seeking divorce is easy.
Divorce is of two types:
- Divorce by mutual consent: Seeking divorce by mutual consent is easy as both husband and wife is clear that they don’t want to life together anymore but they must be living separately from more than one year than only they can get divorce on the ground of mutual consent.
- Divorce without mutual consent: When one spouse wants to seek divorce but the other spouse does not want divorce then the spouse who seeks divorce can have it on the grounds mentioned in acts.
Indian Divorce Act ,1869 gives following grounds on which the person seeking divorce can have divorce.
- If his/her spouse converts his/her religion.
- On ground of adultery.
- If his / her spouse is of unsound mind.
- On ground of leprosy.
- On ground of impotency.
- His/her spouse is not heard or seen from 7 years.
- On ground of sodomy.
According to religion there are divorce grounds and acts in India.
Hindu Marriage Act, 1955.
Any marriage of Hindu can be dissolved by seeking a decree of divorce under Hindu Marriage Act .
Whoever, husband or wife who wants divorce can seek it by filling petition for it.
Hindu Marriage act is applied to:
- Person who is Hindu by origin.
- Person whoisJain.
- Person who is Buddhist.
Grounds For Divorce Under Hindu Marriage Act:
- Adultery- Having sexual intercourse with some other person other than own spouse.
- Cruelty- Causing mental and physical injury which can lead to danger of life, limb and health.
- Desertion- If one spouse abandons other spouse for a period of 2 years .
- Conversion: If one spouse converts his/her religion.
- Mental disorder: If one spouse is of unsound mind and such disorder cannot be cured.
- If one spouse is suffering from Impotency or leprosy .
- If one spouse is not heard or seen from 7 years then in eyes of law that person is dead.
A Hindu , Buddhist or Jain person can seek divorce on these grounds.
Muslim Marriage Act, 1939.
Muslim marriages are based on contract and if husband or wife violates the provisions of this contract then the other person on this ground can file divorce.
In Muslims dissolution of marriage is known as Talaq.
Grounds Of Divorce Under Muslim Marriage Act Are:
- Husband is not heard or seen for about 4 years.
- Husband is not able to provide maintenance to wife from 2 years.
- Husband is given imprisonment for seven or more years.
- Husband is not able to meet the martial obligation.
- Acts of cruelty are done by husband on wife.
- In Child Marriage,Girl can seek divorce when she is of 18 years.
On these grounds a Muslim person can get divorce.
Indian Christian Divorce Act.
This act is applicable to all the Christians living in India except Catholic Christians as Roman Catholic Christians do not support divorce.
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