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What Is The Rule After Divorce in India?

Divorce is the legal dissolution of a marriage. It can be an emotionally draining and stressful process, with many legal and financial considerations. Once the divorce is finalized, there are some important rules that apply to both spouses regarding finances, children, property, and more. Understanding these rules is crucial for navigating life after divorce.

Grounds for Divorce in India

There are several grounds on which one can file for divorce in India. Some of the common grounds include adultery, cruelty, desertion, mental disorder, venereal disease, conversion, renunciation of worldly pleasures, and irretrievable breakdown of marriage. The law lists different grounds for the husband and the wife to file for divorce.

Filing for Divorce

To file for divorce in India, one needs to file a divorce petition in the family court where the couple last resided together. The petition is then served to the other party who can contest it if they wish. The court will consider the evidence and arguments before granting a divorce decree.

Rules after Divorce

Some key rules that apply after divorce are regarding:

  • Alimony

    • Alimony refers to spousal support or maintenance that one spouse pays to the other as per the divorce decree. The amount depends on factors like income, property, duration of marriage, conduct, etc.
  • Child Custody

    • Child custody decides which parent gets physical custody and guardian rights over the child. Ideally, it is granted based on the child’s best interests.
  • Property Division

    • Properties acquired during the marriage are divided between spouses as per contribution and other factors. The court divides it equitably, not always equally.
  • Debts

    • Outstanding debts are also divided between spouses based on who incurred them, for what, and each person’s economic standing.
  • Inheritance Rights

    • After divorce, the inheritance rights from the spouse no longer exist unless the divorce decree specifies it.
  • Name Change

    • A woman can revert to her maiden name or a previous name after divorce by applying for a name change to the court.
  • Remarriage

    • The parties can legally marry again after divorce since the earlier marriage stands nullified. If there are children, the court’s permission may be required before remarriage.
See also  How to Gather Evidence for a Contested Divorce Case in India?

Conclusion

Divorce entails many changes in a person’s rights and responsibilities. Knowing the legal rules regarding finances, children, property, debts, etc. can help make this transition smoother. Seeking legal counsel is advisable. Support from family and friends also helps deal with the emotional upheaval. With time and understanding, life after divorce can be rebuilt.

 

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