INTRODUCTION
In ancient times there was no such concept as to separation of spouses from the marital relationship. Marriage from the initiation of concept considers being a sacred concept. Manu-smriti talks about it in the same connotation. It seeks that spouses can’t get separation from each other and can’t break their marital ties. But because of modernization; the concept of divorce comes into the picture and in many regions proves itself to be a custom.
Artha shastra recognizes that marriage can only end by mutual consent. But Manú is not in favor of the same. He urges that the only way to end a marriage is the death of the spouse. Hindu marriage act 1955; envisages the concept of separation and discontinuance of marriage and defines the same as dissolution of marriage.
The Hindu marriage act 1955 entitles the spouses to dissolve the marriage through a decree of divorce; on such grounds which section 13 mentions.
Other legislation also provides for the provisions as to the divorce by mutual consent. Under section 28 of the Special Marriage Act, 1954 and section 10 A of Divorce Act, 1869. In the urge of getting a divorce decree to spouses then both the spouse should file a divorce petition.
The place for filing of the petition of divorce
- In the court where the couple last lived.
- In the court at the place where the marriage was solemnized.
- Where the wife lives at present.
Step 1: Filing of a petition
Foremost; they move a joint petition for the dissolution of marriage for getting a divorce decree. It should be moved in the family court and by both the spouses.
That petition should be entertained on the ground because they cannot live together. And they agree to live separately and living separately for a period of one year and more the spouses should sign the petition.
Step 2: Appearance in the court
Now both the parties to the marriage need to appear before the court of law after filing the Petition from their respective counsels
Now the court will scrutinize the petition with the documents that are being attached to the petition
The court on basis Of saving a marriage will try to reconcile btw the spouses but if that is not possible then will call for follow-ups
Step 3: Scrutinisation process
The court after satisfying on scrutinizing of the petition can order the parties to record their statement on oath
Step 4: Motions
When the court records the statement order for the purpose of the first motion is given and in that, 6-month time-lapse is given to or parties and after that, they can file for second motion the max time limit that is given to file for the second motion is 18 months from date of filing the petition before the Hon’ble court
Step 5: second motion
When there is no reconciliation then the parties can go for more follow-ups and can file for the second motion and can proceed for final hearings
The process of final hearing includes the statement recording and appearance before Hon’ble court
The parties with the help of judicial review through the Supreme Court is given a chance to get a waiver of 6 months and 6 months can be waived off and this is done in a view to save time for spouses who have genuinely an urge to settle their disputes after settling for alimony and child custody and other matter
The discretion also lie to court that it can also waive off the time it thinks that the difference is solved and now proceeding further will only waste the time of court and parties
Step 6: divorce decree
There must a complete agreement as to conditions after marriage relating to settlement, child custody, maintenance, etc.
When the same satisfies the court and urges that there is no chance of reconciliation and cohabitation between the spouses then the court will finally pass the decree of divorce
Conclusion
The spouses with the increasing modernization in the society are changing their pace up. Now the spouses more seeking to lead a life with the best mental state leaving behind the issues in married life. They have the option to decide between them to lead the life on their agreed condition rather than to drag their issue into an ugly situation before the court of law.
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