Divorce And Marriage In India

A marriage is a legal relationship in which two people agree to live together and maybe also have children. The civil contract of marriage governs the cohabitation between a male and a female. India has many traditions and customs that have been passed down through the centuries. One example is “Swayamwara”, where the girl chooses her husband and the system for dowry. Traditional marriages could not be ended no matter what the circumstances. The “bond” that binds a marriage was unbreakable even if the husband dies. India has seen its fair share of inhuman practices related to marriage such as Sati or self-immolation divorcements in India.

Hindu Marriage Act, 1955

Modern Hindu marriages and divorcements in India are governed by the Hindu Marriage Act of 1955. This Act sets out certain conditions that allow two people to marry.

Both spouses must not have a living spouse at marriage.

Both of the parties are legally sane, and not lunatic.

The Act originally specified that the minimum age for marriage was 18 for the groom and 15 for the bride. Now, the legal age to marry is 21 for the groom and 18 for the bride.

There cannot be any degree of prohibited kinship between the parties. This applies to blood relations as well as marital alliances. There are however exceptions to this rule, as per custom.

Except in certain cases that are allowed by customs or traditions, the parties are not “Sapindus” each other.

Divorce Processes & Options in India

Heaven is the place for marriages. But not all marriages can last forever. The couple may drift apart due to personal differences or other reasons. The legal dissolution or end of a marriage can be described as divorce. Traditional marriages were considered “inseparable bonds” so dissolution was almost impossible. Divorce is also covered by the 1955 Hindu Marriage Act.

The Hindu Marriage Act, Section 13, regulates Hindu divorces in India. If any of these conditions are met, the Act gives couples the right to separate.

The other person engages in adultery.

• Due to conversion to another faith, the other person in a marriage is not a Hindu.
• One party has been declared insane, so it is impossible for them to live together.
• The other person has suffered from leprosy for at most three years.
• The other person has a venereal or communicable disease.
• For at least seven years, the other party has not been mentioned as alive.
• After two years of separation, the couple has not been able to live together again.
• The other party has given up worldly affairs in order to pursue religious goals.
• There are some provisions that can only be used by women.
• If the husband is remarried or has a living spouse, the wife can file for divorce.
• The husband is guilty of rape, sodomy, and other crimes.

The bottom line:

Divorce and separation are rooted in feelings that cohabitation is not healthy on an emotional or physical level. Divorce and separation are still subject to a lot of social stigma in India. Accepting that your marriage is over is the first step. Both spouses have the right to file for divorce through our site bestdivorcelawyersdelhi.com if the marriage does not bring happiness.