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What is the new divorce law in India?

by ezyLegal Editor · 2 min read

new divorce law in india

Introduction

India is a common law country, which means that the law evolves in response to the numerous issues and circumstances that arise and the Supreme Court’s view on the same. The implementation of the new divorce law in India is the result of the change in legislation with the passage of time.

The goal of the new divorce law in India is always to reach and discover areas of agreement and cohabitation between husband and wife. If the couple is unable to adjust to each other, a divorce may be granted by the Court. Divorce is a right against the world that results in the breakdown of a marriage.

With the shift in marriage trends, the rules related to the new divorce law in India have been updated. The purpose of the reform to the divorce legislation is to make the lengthy and time-consuming procedure more untroublesome. 

In light of this, the following new divorce law in India has been proposed with the changing time. 

Waiving of 6 Month Mandatory Period

The Supreme Court decision has pointed out the following points:

  • When couples file for divorce under the Hindu Marriage Act of 1955, the Court allows them six months to work on their relationship.
  • The six-month time was granted to salvage a marriage. 
  • The Supreme Court, on the other hand, currently has a different viewpoint and has now come up with new divorce law in India. According to the Supreme Court, the six-month time is optional rather than mandated. 
  • When a couple agrees to amicably resolve their concerns, such as alimony, child custody, or any other disagreement, the discretion of waiving might come into play. This is the new divorce law in India.
  • The Supreme Court has the authority to provide parties with prompt remedies. Furthermore, the power should only be exercised if it is unavoidable that the marriage would fail. 
  • In addition, when a marriage is dissolved, and new rehabilitation is possible, the Court may exercise its discretion. The Supreme Court’s decision is the new divorce law in India.

Law of Maintenance

The Hindu Marriage Act of 1955 gives the Court the authority to impose the payment of maintenance. The Court might direct the payment to be made monthly or over a set length of time. The purpose of such an order is to help the woman maintain her level of life following the divorce.

  • A woman can seek maintenance under the Criminal Procedure Code if the marriage is not under Hindu law. The new divorce law in India states that the amount of maintenance to be given is at the discretion of the Court.
  • The Supreme Court has ruled that live-in partnerships are considered marriages and that the woman is entitled to maintenance as a result. If you’ve been living together for a long time, you don’t need to show that you’re married. 
  • The lady is entitled to maintenance under the Criminal Procedure Code for all of these grounds. Women’s rights are now being seen from a broader viewpoint, and this is the new divorce law in India.

Irretrievable Breakdown of Marriage

When a situation emerges in which partners living together are unable to maintain a connection, i.e., marriage, it is referred to as an irretrievable breakdown of the marriage.

There is no legislation that governs this situation. 

But after the Supreme Court’s judgment, this is also a ground for getting a divorce. This is the new divorce law in India. The Supreme Court rules that an Irretrievable Breakdown of Marriage is permissible because the notion is not included in divorce legislation.

The Supreme Court deems it reasonable to conclude that if a couple cannot reconcile after their relationship has broken down, divorce is a sufficient solution. The law developed by the Supreme Court is the new divorce law in India.

Unconstitutionality of Triple Talaq

The practice of triple talaq has been in Muslim law, which has been arbitrary against Muslim women because just repeating the word ‘talaq’ three times cannot be considered to be divorce. 

The Supreme Court agreed with the lower courts and found the triple talaq illegal. The argument is that it infringes the fundamental right of Muslim women. The parliament has passed the new divorce law in India, making it punishable. To get more information on the same, consult a divorce lawyer.

Christian Divorce Laws

The attitude of Christian law on divorce has changed recently, and new divorce law in India has been brought. Divorce decrees must be granted by a Civil Court rather than a religious body. This is vital because the divorce decision functions as a right against the rest of the world.

According to a Supreme Court ruling, a divorce based on personal law cannot overrule the law. Furthermore, bigamy occurs when a person, before getting a divorce, marries someone else. As a result, only civil courts have the authority to give a divorce decision, which includes Christians.

The Divorce Act of 1869 gives the Civil Courts this authority. As a result, personal law courts lose their authority. To get more information about the same, consult a divorce lawyer. 

Conclusion

Reforming the legislation is always necessary. There is always a scope for improvement, though various new divorce laws in India have been brought by the judgment of the Supreme Court. The ideas, norms, and morals of society are always changing as time passes. This is a fundamental justification for bringing new divorce laws to India on a regular basis.

The new divorce law in India is necessary to control the dissolution of marriage and resolve marital problems. When there is no way to come to an agreement, divorce should be allowed. The new divorce law in India focuses on the important changes that have occurred in our society. And there is still a need for new divorce laws in India.

The new divorce law in India focuses on the important changes that have occurred in our society. And there is still a need for new divorce laws in India.

ezyLegal Editor

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