Legal Guide

Divorce and Family Disorganization: A Legal Guide

by Shalini Vashistha · 3 min read

Family disorganization

Introduction

Family disorganization has several connotations, including the breakdown or dissolution of marriages and family crises. Legally, a marriage can be dissolved through the divorce process. What is divorce, and on what grounds may it be filed, are the questions that now need to be answered.

What is Divorce?

Divorce is the legal process of ending a marriage when one of the parties submits a petition in a court of law. Divorce rates have risen recently for a variety of reasons. There are numerous issues that can occur in a relationship and ultimately result in divorce. The marriage and any obligations associated with it end after the court issues a divorce judgment, at which point the parties are free to live their lives without being bound by any marriage-related obligations.

Divorce under Indian Law

We all are aware that there are so many religions in India, and every religion has there own procedure for Divorce. Hindu Marriage Act, 1955 for Hindus, Jains, Sikhs, and Buddhists, The dissolution of Muslim Marriage Act, 1939 for Muslims; the Indian Divorce Act, 1869; and the Indian Christian Marriage Act of 1872 for Christians, and so on. Here, we are going to discuss the gist of Divorce.

Divorce under Hindu Law

Section deals with the ground of Divorce, and Section 13b deals with Divorce by Mutual Consent.

Section 13 of the Hindu Marriage Act 1955 deals with the grounds of Divorce. 

Grounds on which Divorce can be taken in Hindu Law are-

  • Adultery- When any person has voluntary sexual intercourse with any person other than his or her spouse, then that is Adultery.
  • Cruelty- Cruelty is when one of the spouses causes bodily injury to the other spouse or harms his/her mental health. 
  • Desertion- When one of the spouses deserts or abandons his or her spouse without consent and any reasonable cause for a continuous period of two years, then it’s Desertion.
  • Conversion- When one of the spouses converts or changes his/ her religion.
  • Unsound mind- When one of the spouses is suffering from a mental disorder, and the other spouse can’t live with him/ her, then Divorce can be taken under this ground.
  • Communicable Venereal Disease- When any spouse is suffering from any venereal disease which is communicable in nature, then the other spouse can file for Divorce.
  • Renunciation- When one of the spouses has renounced or abandoned the world to walk on the path of God, then it’s ground for Divorce.
  • Spouse not heard to be alive or Presumption of death- If either of a spouse is not heard from for more than seven years, then it is considered as a ground for Divorce.

Section 13B Deals with Divorce by Mutual consent.

When both parties mutually want to take a Divorce, then it is allowed under Section 13b of the Hindu Marriage Act, 1955.

Divorce under Muslim Law

In Muslim Law, Divorce is of 2 types-

  • Judicial Divorce
  • Extra- Judicial Divorce

Extra- Judicial Divorce

  • Talak-e-ahasan: In this, the husband has to say the word Talaq only once during the period of tuhr. Tuhr refers to the period between two mensuration. This type of Talaq can be revoked at any time during the period of iddat.
  • Talaq-e-Hasan: Under this, the husband has to say Talaq three times during three successive tuhr.
  • Ila: Under this husband takes a vow that he will not have sexual intercourse with her wife for an unspecified period. This refers to Ila.
  • Zihar: In this form, the husband compares his wife to any other female who is in the prohibited degree of relation like mother or sister. This refers to Zihar.
  • Talaq-i-Tafweez: This is basically a delegated Divorce; under this husband delegates

his power to Divorce to his wife. The wife can take talaq from his husband.

  • Khula: It is a separation by ending matrimonial bonds. In this wife agrees to give a certain amount of consideration to the husband for her freedom from the marriage ties.
  • Mubarat: It is the dissolution/ breaking of marriage by mutual agreement. The offer to Divorce can be made by any party, and the other party mutually accepts it.

Judicial Divorce

  • Lian- When the husband falsely accuses the wife of adultery, then that is Lian, and the wife can ask for Divorce on that basis.
  • The wife has no whereabouts of a husband for four years.
  • Imprisonment of 7 years is faced by the husband.
  • Impotency of the husband at the time of the marriage.
  • The insanity of the husband for at least two years.
  • Cruelty by husband.
  • If a husband is unable to fulfill his marital obligation for at least three years without any valid reason.
  • If the husband is suffering from venereal disease.

Divorce under Christian Law

Grounds under which Christians can file a petition for Divorce are-

  • If the spouse has committed Adultery.
  • Convert his/her religion from Christianity.
  • One of the spouses has been of Unsound mind for a continuous period of not less than two years.
  • Suffering from Venereal disease in a communicable form for a period of not less than two years.
  • Unheard for a period of 7 years or more by those who would have heard of the respondent if he had been alive.
  • Refused to consummate the marriage wilfully.
  • Desertion is done by one of the spouses for at least two years.
  • Failed to comply with the decree of Conjugal rights for two years or more. 

Dissolution or Breaking of marriage by mutual consent can also happen if both spouses, with their consent, voluntarily want to take a Divorce.

Conclusion

According to Indian law, every person has the right to leave a marriage amicably if they are not content with it, are having problems, and the problems cannot be resolved. The aforementioned are the grounds for divorce that a person may use.

The actions listed above outline a legal process for peacefully ending a marriage so neither party has to deal with the problem. Get expert legal advice on divorce matters. 

Family disorganization is rapidly growing in India, which is leading to a high number of Divorce cases; here is the gist of The Divorce law of India. Get online legal counsel to learn more about the divorce petition filing process.

Shalini Vashistha

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Shalini Vashistha

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