Lawyers for Divorce in pune
Marriage can be dissolved on various Grounds according to Hindu Marriage Act, 1955 or Special Marriage Act, 1954 below is the procedure and various grounds of divorce by which divorce decree can be passed
*Hindu Marriage Act, 1955 Section 2 [1] of the Hindu Marriage Act, 1955 says:
1. This Act applies –
a. to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
b. to any person who is a Buddhist, Jain or Sikh by religion; and
c. to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i.e. Buddhist, Jaina or Sikh and, in fact, applies to all such persons domiciled in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act under any custom or usage. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India.[2]
The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of the Indian Constitution.[3] However, with the passage of Anand Karj marriage act, Sikhs now also have their own personal law related to marriage.[4]
*The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives:
To provide a special form of marriage in certain cases,
to provide for registration of certain marriages and,
to provide for divorce.
Any person, irrespective of religion.
Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.
Inter-caste marriages are performed under this Act.
This Act is applicable to the entire territory of India (excluding the state of Jammu and Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.
The marriage may be solemnised at the specified Marriage Office.
Marriage is not binding on the parties unless each party states “I, (A), take thee (B), to be my lawful wife (or husband),” in the presence of the Marriage Officer and three witnesses.
Conditions for marriage[edit]
Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties.
The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
The parties should not fall within the degree of prohibited relationship.
Marriage Laws
Based on recommendations of the Law Commission, a legislation was proposed. The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. The Bill replaces the words “not earlier than six months” in Section 13-B with the words “Upon receipt of a petition.”
It also provides a better safeguard to wives by inserting section 13D by which the wife may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage.
New section 13E provides restriction on decree for divorce affecting children born out of wedlock and states that a court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for the maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage.
Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by replacing the words “not earlier than six months” in Section 28 with the words “Upon receipt of a petition” and provides restriction on decree for divorce affecting children born out of wedlock.
However, there was strong opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce.[15]Therefore, the bill was amended to provide for the wife’s consent for waiver of six-month notice with the words “Upon receipt of petitions by the husband and the wife.”
The Bill was passed by the Rajya Sabha in 2013,[16] though it was not passed in the Lok Sabha.
