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New Rules in Divorce Laws




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New Rules and regulations related to divorce laws including optional 6 – month cooling period, maintenance laws, and so on have been discussed.

Any divorce law in India aims at exploring the probability of settling marital disputes and whether couples can cohabit. Nonetheless, if there isn’t any possibility under any circumstances whatsoever of couples reworking or saving their marriage then in that case granting divorce resulting in the formal dissolution of the marriage is the logical conclusion to a marriage that has irretrievably fallen apart. In this context, divorce laws are frequently upgraded and amended resulting in a much easier divorce process. The newer laws on divorce in India are

SC says 6- month cooling period is optional

Hindu couples pursuing divorce have had significant respite from the ruling of the Apex Court which states that the waiting period of 6-month as recommended under Section- 13B (2) is discretionary thereby heralding lower courts to hasten divorce if both spouses are consenting to settle their differences including alimony, custody of child or any other pending issues amongst the couple.

According to The Supreme Court, while on the one hand there is a slim chance of the couples reuniting, on the other hand, there may be chances of newer rehabilitation. It's within the court’s authority to give the opportunity of a better option to the parties. The purpose of a cooling-off period is safeguarding the parties' decisions made in a hurry even as all possible avenues of reconciliation are considered.

There are provisions moderating the Law of Maintenance

Under Section 24 of the Hindu Marriage Act, any one of the spouses can rightfully claim reimbursement of the expenses incurred on account of legal proceedings is entitled to get paid for the expenses of the legal proceedings under the Act.

Under Section- 25 of the Act, the court can order that the respondent make monthly maintenance payments in installments or the entire amount or in the form of monthly payment or payment of the entire amount upfront or even a fixed amount periodically

for a timescale that is not to exceed the applicant’s lifetime.

The other provisions of maintenance that are equally vital are Sections- 18 and 19 of the Hindu Adoption and Maintenance Act which had undergone amendments in 2015. and Section 125 of the Code of Criminal Procedure.

Irretrievable Breakdown of a Marriage

Although there are numerous instances of couples cohabiting nonetheless their marriage is synonymous with separation and there is hardly any classified law in this regard.

In this context, in 2009 the joint reports of the Law Commission and the Supreme Court were sent to the Government and the report aimed at adding an irretrievable breakdown of marriage under Section- 13 of the Hindu Marriage Act,as a plausible reason for divorce. The Law Commission and the Supreme Court jointly stated that there is wisdom in accepting life’s practical realities and thus,ought to make a decision that is conducive for the general improvement in the quality of life of both spouses.

Marriage Laws (Amendment) Act, 2013

The Marriage Laws (Amendment) Act, 2013 is potentially a boon when it comes to maintenance in cases of irretrievable breakdown of the marriage as wives are entitled to the husband’s share in the immovable property that the husband may have acquired while both spouses were married. Nonetheless, this benefit is exclusively applicable to cases of ‘irretrievable breakdown of marriage’ and not in other Divorce lawsuits.

Triple Talaq is unconstitutional

The groundbreaking decision of the Supreme Court stated that triple talaq is a violation of the vital entitlements of Muslim women as it irretrievably puts an end to the marriage and there isn’t any hope at all that the marriage can be restored resulting in the courts decreeing the marriage unconstitutional.

A triple talaq is a form of divorce that is executed orally and is in effect in some sects of the Muslim community to divorce their wives instantly by uttering the word ‘talaq’ three times. The central government is now responsible for passing the Triple Talaq Bill and promulgate a law for regulating laws of marriage and divorce laws among Indian Muslims.

Changes in the Christian Divorce Laws

The Supreme court in its yet another landmark ruling, last year has held that the granting of the divorce by the ecclesiastical tribunal under Christian personal law is invalid as overriding the law is not permissible. The ecclesiastical tribunal is under the control of the Canon Law which the Catholics regard as their personal law.

Nonetheless, the ruling of the court was that it's mandatory for any Christian couple seeking divorce to get a divorce through a civil court. Therefore, if spouses seek annulment of marriage from a similar tribunal and subsequent remarriage of any of the spouses would be regarded as bigamy. For Christians, it's mandatory that the divorce petition is filed in a civil court.

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