The Hindu Marriage Act, 1955 governs divorce in Hindu marriages in India. The act allows for both mutual consent divorce and disputed divorce.
Mutual consent divorce requires both parties to agree to the divorce and the conditions of the settlement, which include asset and liability division, alimony, and child custody. When both parties agree, they can file a joint divorce petition in court, and the divorce can be granted in as little as six months.
When a divorce is contested, one party must submit a petition in court, and the other party must react. The divorce reasons will then be considered by the court, which include adultery, cruelty, desertion, mental illness, and terminal diseases. The party filing for divorce must demonstrate that there are grounds for divorce. The court may also consider the wellbeing of any children from the marriage, as well as both couples’ financial situation.
If the court grants a divorce, it may also issue orders regarding alimony, asset and liability division, and child custody. The decision of the court is final and binding on both parties.
It is critical to recognise that divorce is not the only choice available to couples experiencing marital troubles. Therapy and mediation can assist couples in resolving conflicts and even saving their marriage. If divorce is the only choice, it is best to seek the opinion of a lawyer who can help you through the legal procedure and defend your rights.
Finally, the Hindu Marriage Act, 1955 governs divorce in Hindu marriages in India. There are options for both mutual consent and disputed divorce, and it is critical to seek legal counsel to ensure that your rights are preserved during the process.