Divorce Laws

Discussion in 'General Discussions' started by satchitananda, Jan 24, 2012.

  1. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    We are seeing so many cases of unhappy women complaining of "ill-treatment" by husbands and in-laws. Of late we have read some men complaining of unhappy marriages too.

    Most often we would try to work out a peaceable solution whereby the marriage would survive and there would be a healthy relationship between the spouses. But often matters seem to get out of hand and one is forced to consider other solutions like divorce.

    The question is what are the criteria under which one can seek divorce? While I am not aware of the laws in other countries (I suspect they would be pretty much similar in all countries), I thought it would be useful to have some information of those in India.

    In India there are different laws for various religious groups - there is the Hindu Marriage Act, a separate one for Muslims and yet another one for Christians.

    According to the Hindu Marriage Act, 1955, adultery, desertion, cruelty, conversion, mental disorders, certain diseases (leprosy, STDs), renunciation, "not heard alive", no resumption of co-habitation are all grounds for divorce.

    While most of the reasons are easy to define, cruelty is a very subjective term and the Supreme Court has tried to give examples of such behaviour as below.

    It would be useful if others also share the laws prevailing in the country of their residence, so that those ladies on the forum who need them for reference could easily benefit from the information.
     
    sindmani, panda2014, Ansuya and 2 others like this.
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  2. Flyingsparks

    Flyingsparks Silver IL'ite

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    Hi satchi..
    Thank you for the information provided on divorce laws..i want to know whether few points considered under mental cruelty apply for trauma caused by inlaws?? Also does non proper communication between the couple, longterm loneliness to one among them..can be considered for divorce???

    If abuse is the reason..is there any quantitative and qualitative parameter to consider?? Like frequency of abuse,kind of words used etc...

    Thank you...
     
  3. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    Dear Flyingsparks,

    I would imagine they would have some specific definitions or precedents based on which they would decide whether you have been the victim of cruelty or mentally traumatised. This information you could only get from a lawyer. Unfortunately I am not in a position to give you this information.
     
  4. psraj41

    psraj41 New IL'ite

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    Hi Flying Sparks,
    With respect to ur question relating to in-laws..... it depends upon what kind of torture they inflict on you- either physical or mental. For physical you can straight go to the police station to register complaint. esp Sec.498A . A very woman friendly sec in IPC. If it is mental torture there is no fixed definition. It depends on the concequences and nature.......
    2. Withrespect to long term lonliness : Law only considers desertion, no conjugal relationship between the couple for a long time etc.
    Hope the info helps u
     
  5. ranjit1507

    ranjit1507 New IL'ite

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    hello dear my name is ranjit singh. i need some information about immigration of republic of ireland can you send me some information please.
    thanks
    regards
    ranjit singh
     
  6. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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  7. marriageishell

    marriageishell New IL'ite

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    No matter what the laws- now I strongly think every person should have a prenup- most important things in prenup- Kids custody and asset in the marriage and individual asset by inheritence if any and a clause applicable to any party's untimely death(you know it can be dowry related or to escape from prenup later, thats why).
    Those men and their mummypappas can go to any extent to torture the wife/DIL.
    For everything else- live-in situation works but for kids custody only such prenup would hold strong I think.
    My personal opinion- the minute you have to think of laws wrt divorce in a marriage- its not a marriage anymore- But in todays EVIL inlaws age- I dont see any good option or choice.
     
  8. batool100

    batool100 New IL'ite

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    Divorce laws help You in divorce case. These are very important in any society.
     
  9. larapowell

    larapowell Bronze IL'ite

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    Women should not let go of any instance of being harassed. Personal safety and well being is of utmost importance and it shall be.
     

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