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DIVORCE

                  DIVORCE (Part -1)

The concept of marriage is very old all over the world. Marriages are made in heaven that is what we human being believes in. The certain age according to law in India for a girl to marry is 18+ and for a boy is 21. Marriage plays an important role in the life of human being.

Marriage is a whole and soul of a relationship. It is a public confession and legal registration of adventure in fellowship.

Recently the impatience, misunderstanding between the spouses, compatibility has led the marriage concept turn into the dissolution of same. As per the reports, today the rates of divorce are getting high as compared to the rates of marriage. Divorce is dissolution of marriage in a legal way. In short Divorce is cancellation of responsibilities of marriage between married couples.

Divorce law varies from country to country. In most countries divorce needs sanction of court, or an authority in process of distribution of property, child custody, maintenance, alimony and many such
Where in common language it is referred as break ups, in legal language it is known as divorce. Divorce declares the marriage as null, with legal separation. Divorce is an also a process where married couples stop cohabiting as a couple.

The grounds for divorce vary from person to person like sexual incompatibility, lack of understanding between spouse, domestic violence, and marital rape, which we are going to see in the articles.

 In India any marriage solemnized whether before or after the commencement of Hindu Marriage Act 1955, may be dissolved by decree of divorce either by husband or the wife by presenting a petition.

According to Hinduism marriage is a scared relationship, as divorce rates are increasing.

MUTUAL CONSENT DIVORCE.

A mutual consent divorce is dissolution of marriage where both the spouses agree to end the marriage with the mutual agreements. settlements of alimony, child custody and the certain more conditions to which they agree.

A decree of divorce by mutual consent can be passed and is liable under the provision of Hindu Marriage Act, 1955 under section 13-B.
The act was enacted and commenced on 18th May, 1955. The aim of this act was to codify the law relating to marriage.

The act is applicable for those:

- A person who is Hindu by religion, including Lingayat or a follower of the Bhramo , Prathana or Arya samaj.

It is also applicable to Jain and Sikh.

- To a person domiciled in the territories to which this act extends, who is not a Muslim, Christian, Parsi or Jew by religion?

 The act has certain conditions:

- Husband and wife have been living separately for period of one year or more.

- Husband and wife must have completed one year of the marriage.

- That both the spouses are unable to live together.

- Both husband and wife should  mutually agree to dissolve the marriage.

- After filing the petition in court both te spouses will be called to court for hearing.

- After the divorce order is passed, the divorce certificate will be given within 3 months period.
#divorcelaw #familycourt #civilcourt #Hindumarraigeact #law #lawyer #pune #Maharashtra #India

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