The Hindu Marriage Act provides a lot of grounds for divorce, which a spouse can seek in order to obtain divorce in India. Although marriage, according to Hindu Law, is a holy sacrament and not a contract, and that the husband and wife are considered one in law. Despite that, problems and tensions may develop between husband and wife and may escalate to such an extent that separation by way of divorce may seem to be the only option left. Seeking a divorce is no doubt a big and bold step for either of them, but at times, it may be the only solution to a long term problem.
What is the Procedure for Divorce in Delhi?
Marriages solemnized under the Hindu Marriage Act, 1955 can also be brought to an end by following the conditions laid down under the same Act. You may wish to go through my earlier blog post on Applicability of Hindu Marriage Act, 1955 to determine whether the Act is applicable to you or not.
Procedure for seeking Hindu divorce as per Hindu Marriage Act, 1955 is provided under Section 13 of the Act, which states that any marriage solemnized whether before or after the commencement of the Act, may, on a divorce petition presented by either the husband or the wife, be dissolved by a decree of divorce. You may also wish to go through my earlier blog post on Conditions for a Valid Marriage under the Hindu Marriage Act, 1955 to determine whether your marriage is governed by the Act or not.
The procedure for legal contested divorce in Delhi starts by either the husband or wife engaging a Lawyer, who will draft a divorce petition as per the facts narrated by the person and on the basis of the grounds provided under Section 13 of the Hindu Marriage Act, 1955 before a Family Court Judge as per the territorial jurisdiction. Pursuant to the reply filed by the other side, trial will begin and both the parties would lead evidence in support of their claims and arguments. Finally, based on the arguments and evidence on record, the Judge will pass appropriate orders. Continue reading
Now that you’re through with your divorce proceedings, you may be in a dilemma as to what you should do now and how can you rebuild your life after divorce. Going through a divorce is pretty hard and it surely takes a toll on your health, both mentally and physically. You are a divorced person, and now it’s time to move on and create a fresh life for yourself. Now your life is in your control and it’s the time to do things your way. In case you’re confused, here are few tips which will help you get your life on track after divorce.
Evaluate Your Financial Condition:
Think hard about your finance now. Since you’re divorced, your financial situation may have taken a big hit since most couples are dependent upon each other for financial support. Since now you are on your own, you need to cut your expenses, chalk out your weekly expenditure and re-evaluate your finances to ensure that you have enough funds in your saving and investment accounts to keep you afloat financially even when times are rough.
Take Action On Your Plans:
While contemplating divorce, you must have thought about what you would want to do after divorce. Maybe your married life was filled with lots of constraints, and you wanted to live your life with freedom. You had ideas and goals which you wanted to achieve but couldn’t. Well now that you have attained divorce, it’s time to work on your action plans and your goals. You need to keep yourself occupied with some thing productive and constructive which will enable you to rebuild a new life after divorce. Continue reading
As a Divorce Lawyer in New Delhi, I can say that Divorce rates are going up in India and marriages end in Divorce, and especially in metro cities like New Delhi. Couples aren’t really willing to stick together and are more than happy to fight it out in Courts. I’m not saying that their reasons for seeking a Divorce are wrong, I’m sure they must have deliberated over it for a long time before arriving at the decision. After all, they know each other better than anybody else, and if they have decided to get in touch with a Divorce Lawyer, then I’m sure that’s the best for them. While one is in a marriage, there are certain signs and behaviors that he/she can identify which ultimately leads to a Divorce.
No Mutual Respect
Humans require constant care and attention. More than money, they want to be respected and liked. When couples lose mutual respect for each other’s thoughts, opinions and decisions, that’s a big sign that things are not going well between them. With no mutual respect for each other, couples tend to literally mock and insult each other, thereby giving rise to constant quarrels and fights and ultimately aggravating their relationship as husband and wife. Divorce seems the only option in that case.
I can’t even count how many couples (even unmarried) fall into the trap of playing the stupid game of control and possessiveness. Everybody like to play games on their phones, controlling their characters, making them jump, run, turn and do all kind of stuff when them.
The problem begins when they try to play the same game with their spouse in real life. They want to know where he/she has been, what he/she has been doing, why he/she was talking to that person, interference in what the other person should be doing or not doing, and all kind of stupid things like that.
Humans are intelligent and free willed individuals, and they do not like to be controlled like a robot under any circumstances. Haven’t we learned nothing from all the Civil Wars which have been fought only for a little thing we call ‘freedom’. The moment one spouse starts controlling the other, their marriage goes spiraling down at a fast pace. There is only so much that the other spouse will take before he/she snaps and ultimately wants to Divorce and attain freedom for his/her life once again. Continue reading