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Divorce Procedure Under Hindu Marriage Act

Divorce is a legal process of ending a marriage between two individuals. It is a challenging and emotional decision that is not taken lightly. The Hindu Marriage Act, 1955, governs divorce proceedings in India. This act is applicable to Hindus, Sikhs, Buddhists, and Jains. It is also known as dissolution of marriage as it is the way in which a marriage or marital relationship between two adults ends or terminates. It is a method of terminating a marriage under the rule of law of a particular country. India has not yet adopted a uniform civil law, so different religions have different procedures for divorce. The 1955 Hindu Marriage Act regulates divorce for Hindus, Jains, Sikhs and Buddhists and matrimonial lawyer in Delhi will solve the case related to divorce.

Steps to get divorce in India under The Hindu marriage Act, 1955

The Hindu Marriage Act, 1955 governs the divorce proceedings for Hindus, Sikhs, Buddhists, and Jains in India. Divorce is a legal process to end a marriage, and it is a significant step that should not be taken lightly. Here are the steps to get a divorce in India under the Hindu Marriage Act, 1955;

Consultation with a Lawyer- The first step in getting a divorce is to consult a lawyer who specializes in family law. The lawyer will guide you through the legal process and explain the different grounds for divorce under the Hindu Marriage Act, 1955. The Vintage Litigation provides best matrimonial lawyer in Delhi under Karan Dua to solve the case related to Divorce.

Grounds for Divorce- Under the Hindu Marriage Act, there are several grounds on which a divorce can be sought. These grounds are as follows:

• Adultery
• Cruelty
• Desertion
• Conversion
• Mental Disorder
• Venereal Disease
• Presumption of Death

Filing the Divorce Petition- The spouse seeking a divorce has to file a petition for divorce in the district court where they reside or where the marriage was solemnized. The petition should contain the details of the parties, the date and place of marriage, the grounds for divorce, and the relief sought.

Serving the Notice- After filing the divorce petition, the court will serve a notice to the other spouse informing them about the petition. The notice will contain the details of the case, the date of the hearing, and the relief sought. Lawyer can easily deal with these concern and Karan Dua is the best family lawyers in Delhi.

Response to the Petition- The other spouse has to file a written response to the divorce petition within 30 days of receiving the notice. The response should contain the facts of the case and the grounds for contesting the divorce.

Mediation- In some cases, the court may refer the parties to mediation to resolve their differences amicably. The mediation process is voluntary and confidential.

Evidence and Arguments- If the mediation process fails, the court will conduct a trial where both parties are heard, and evidence is presented. The parties can produce witnesses, documents, and other evidence to support their case.

Judgment- After hearing the arguments and examining the evidence, the court will deliver its judgment. If the court finds that the grounds for divorce are valid, it will grant a decree of divorce.

Appeal- If either party is dissatisfied with the judgment, they can file an appeal in the higher court within 30 days of the date of the judgment.

Mutual consent divorce concept

Under Section 13B, that person may file for divorce by mutual consent of the parties with the help of best divorce lawyer in Delhi. If the parties wish to dissolve the marriage by mutual consent, you must wait one year from the date of the marriage. You have been living separately for more than a year and need to prove that you cannot live together.

Special reasons for wife’s divorce

The wife was allowed four other reasons for her divorce under Article 7 of this law. These are:

• Polygamous Marriage Before the Law: This article states that “at the time of the applicant’s marriage,the husband had another wife alive” as grounds for For example, Venkatamev. In the Patil case, Aman had two wives, one of whom he filed for divorce, and he divorced her second wife while the petition was pending. He reasoned that the petition should be dismissed because he only had one wife left. Thecourtdismissedthepetition. Such reason is if both marriages are valid marriages and the other wife(second wife)must be present at the time of application. Today, however,this reason no longer makes practical sense.
• Rape, sodomy, or sodomy—Under this clause, a petition for divorce may be filed if the husband has committed rape, sodomy, or bestiality since
• Failure to Resume Cohabitation Pursuant to Warrant/Order–If Wife Obtains Order in Proceedings Under P.C. Section 125, 1973, if cohabitation is not resumed after one year or more, it will be a valid reason for divorce.
• MaritalDispute: If the marriage was consummated before the age of 15 and the marriage was annulled before the age of Such reluctance may have been expressed (verbally or in writing) or may have resulted from the wife’s behaviour in leaving her husband and refusing to return. Furthermore,this right (added by the 1976 Amendment) has only retroactive effect. H. It can be called that regardless of whether the marriage was concluded before or after such an alteration.

Conclusion

The Hindu Marriage Act 1955 contains various provisions regarding divorce. Hindu marriage law defines divorce as the dissolution of marriage.  The Hindu Marriage Act, 1955 provides a legal framework for divorce proceedings in India for Hindus, Sikhs, Buddhists, and Jains. Divorce is a significant decision that should not be taken lightly, and the process can be emotionally and mentally challenging. However, by following the steps outlined in the Act, one can obtain a divorce in India. The Act provides for both fault-based and no-fault divorce, and the grounds for divorce include adultery, cruelty, desertion, mental disorder, and irretrievable breakdown of marriage. It is essential to consult a competent lawyer who specializes in family law to understand the legal provisions and procedures involved in obtaining a divorce. The divorce process involves filing a petition for divorce, serving notice to the other party, responding to the petition, mediation, presenting evidence and arguments, and obtaining a judgment. If either party is dissatisfied with the judgment, best lawyer in Delhi can file an appeal in the higher court.