Introduction To Divorce
The legal conclusion of marriage is divorce. Thoughts and beliefs regarding the marriage system continue to evolve over time. India’s divorce rules are also adjusted in accordance with the times. Therefore, it is vital to comprehend the new divorce laws in India in 2022–2023. In the past, there were extremely few instances of divorce in India. However, it has been noted that people’s mentalities have evolved over time.
Currently, couples do not hesitate to file for divorce if they believe they are unable to continue their marriage. Courts establish guidelines for resolving divorce cases and providing fairness to both parties. This essay will assist you in comprehending the modifications to the divorce rules.
Following Are the New Divorce Rules in India for 2023
- Waiver of the Required Six-Month Period for Rehabilitation
In accordance with section 13B (2), when couples petition the court for a divorce by mutual consent, the court offers them a mandatory six-month term during which they may reconsider their decision. The court grants this term in an effort to salvage the marriage. After six months, the couple may decide whether to reconcile or file for divorce.
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The necessary rehabilitation phase lasted six months. According to the new rule, however, it is no longer required and is left to the discretion of the court. The court may decide, based on the individual facts and circumstances of the case, whether a six-month rehabilitation period is necessary or whether the couple should be divorced immediately.
This was noted in the Supreme Court’s decision in the case of Akanksha v. Anupam Mathur. The court was persuaded that the couple had made a deliberate decision to divorce, thus there was no reason to make them wait an additional six months. The court decided to waive the six-month waiting period and issued a divorce decree.
- The irretrievable dissolution of the marriage as a valid cause for divorce
When a couple decides they cannot continue living together as married partners, this is known as separation or the dissolution of the marriage. The partners may or may not reside under the same roof, but they are not married. There are no distinct divorce laws governing this subject.
Whether or not separation can be a reason for divorce is up to the judge. If the court determines that there is no chance for the couple to reconcile, or if one or both spouses are unwilling to cohabitate, it may grant the divorce.
In the case of Sangamitra Ghose vs. Kajal Kumar Ghosh, the Supreme Court determined that the parties’ marriage had irretrievably broken down and that it was impossible to restore the marriage. Therefore, the supreme court ruled that the couple could divorce due to the irretrievable disintegration of their marriage.
Extended maintenance law for live-in relationships
According to the Hindu Marriage Act of 1955, the court may award maintenance payments. This is to assist divorced women in maintaining the same quality of living. Section 125 of the Criminal Procedure Code says that the wife is entitled to support if the marriage is not governed by Hindu law.
The status of a live-in relationship is recognized as a marriage under the law. The Code of Criminal Procedure says that a woman who lives with her partner can also ask her partner for spousal support. Also, if the partners have been in a long-term live-in relationship, there is no need to produce evidence of marriage.
Even if she is ineligible to file a claim under the Criminal Procedure Code, the Protection of Women from Domestic Violence Act, 2005, allows the victim, i.e. the wife or the live-in partner, to file a claim for relief. Under the Protection of Women from Domestic Violence Act, the victim lady is eligible for even more relief than under the Code of Criminal Procedure.
- Adultery is not a crime
Adultery can be deemed a reason for divorce in India under the new legislation, although it is not penalized. The court determined that penalizing the husband and the lover with whom he or she committed adultery cannot save the marriage. The partners may file for divorce on the basis of adultery, however, adultery is not punishable.
Also, Read 3 Must Know about Divorce in India
Triple Talaq Cannot Serve as a Basis for Divorce
According to Muslim law, simply pronouncing “Talaq” three times can result in a divorce in India. This practice is unjust to Muslim women since it allows Muslim men to unilaterally dissolve the marriage. Triple talaq is an arbitrary procedure that violates the rights of women. The ‘Triple Talaq’ has been declared unconstitutional and has no legal standing under the new divorce regulations for 2022-2023 in India.
Personal law divorce cannot supersede the authority of the civil court
Only the Civil Court can grant a divorce: http://districts.ecourts.gov.in/. If the divorce is granted by the Christian Church or any other personal law, it is invalid. In the Molly Joseph v. George Sebastian case, the Supreme Court ruled that only the competent court might dissolve a marriage. The order or determination of the Civil Court shall prevail and supersede any personal law or ecclesiastical court order.
Conclusion to Divorce
The laws and rules about divorce in India need to be changed and updated to reflect changes in society. It is important to look at different parts of a case from both a male and a female point of view. Both divorce and marriage are life-altering experiences. The court’s discretionary powers also play a significant role in deciding divorce cases. Marriages cannot be abruptly ended. So, the laws and reasons for getting a divorce need to be changed to meet the needs of society.
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