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| Divorce between two persons married under the Hindu Marriage Act is also governed by the same act. Hindus, including Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act, 1955.
As per the ancient Hindu laws there was no place for Divorce and it was with the codification of Hindu law that the first grounds for the new age laws were laid down. In most Western nations, there are approximately 16 distinct reasons for which divorces are granted. In India, however, only five main reasons are generally accepted as sufficient grounds for divorce. All major religions have their own laws which govern divorces within their own community, and separate regulations exist regarding divorce in interfaith marriages. |
Grounds For Divorce Main reasons are generally accepted as sufficient grounds for divorce..... That the other party has after the marriage had voluntary sexual intercourse with any other person; That the marriage treated the petitioner with cruelty has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. That a Hindu by conversion to another religion; That the physical inability of the couple to consummate the marriage or the refusal by one spouse to do so. That the incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person. That the heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party has been alive.
Additional Grounds For Divorce by A Wife -
In addition to the grounds stated above a wife may also present a petition for the dissolution of her marriage on the following grounds. -
Where the marriage was solemnized before the commencement of this Act, and the husband had married again before such commencement; or -
That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage. -
That the husband has after the marriage been guilty of rape, sodomy or bestiality. -
That her marriage whether consummated or not was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.
Divorce by Mutual Consent -
Where both the parties mutually agree that they want to divorce a petition may be presented on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
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Thereafter both the parties have to make a motion to the court not earlier than 6 months and not later than 18 months from the date of presentation of the petition and the court after hearing the parties and on being satisfied will pass a decree of divorce.
Consequences of Divorce Economic:- There is great disparity between the economic ramifications of divorce between men and women. Men remain relatively unaffected while women, especially those with children, have difficulty "providing food, clothing and shelter for themselves and their children." The government in urban areas usually provides some form of public assistance to single mothers, but this service is not fully taken advantage of because most do not know of its existence. Social:-. While India feels that one should have the right to divorce, it is still a highly stigmatizing action. Women are looked upon more harshly than men in this regard. There continue to be segments of Indian society that feel divorce is never an option, regardless of how abusive or adulterous the husband may be which adds to the greater disapproval for women. A divorced woman often will return to her family, but may not be wholeheartedly welcomed. She puts, especially if she has children, an economic burden on her family and is often given lowly household tasks to perform.
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