Maintenance of Wife Under Personal Laws, Divorce, Maintenance Under Crpc Chapter Ix, An Appeal against the Mutual consent Divorce

Divorce


Divorce in India

  • Divorce means a process that is legal or official to put an end to the marital relationship. 
  • In India marriage is an institution that has religious values as well and hence putting an end to the same is not what suits the society. This in turn complicates the procedure for divorce, and divorce in some cases takes longer than the marriage itself. 
  • Getting a divorce in India is a really lengthy and cumbersome process and sometimes the case decided after the death of the parties.

There is an urgent need to fast track the divorce process in India; the parties seeking divorce have to run from one court to another to get it granted. The parties while seeking divorce have to face a lot of hurdles in their way. However, there is a ray of hope to deal with the situation after a Delhi couple was granted divorce virtually in the post-covid era.

Pre-Coronavirus

  • In Pre-coronavirus era married couples had to run pillar to post to submit their divorce plea submitted and it would take years of in court fighting and going through several legal procedures for their divorce to come through. But a family court in Delhi, granted divorce to a couple over video conference. 
  • The couple seeking divorce had married in May 2017 and after some disagreements between them they started living separately.
  • The Rohini Family Court based its decision on a recent ruling by the Supreme Court which allowed couples living separately for over a year to apply for divorce on basis of mutual consent.
  • A divorce petition filed in 2019 by both of them under Section 13B (2) of the Hindu Marriage Act, 1955. The divorce to the couple granted as the court heard the case via video conferencing.
  • The court still give the couple a few months more to reconcile their relationship but the couple again file for divorce again and so they granted divorce.

Divorce

With the courts doing away with so much unnecessary paperwork while filing any urgent hearings during the lockdown. The same could done even when normal court hearings resume. The courts should adopt this procedure as a general rule. To deal with the cases in a fast and efficient manner.

Further, if the couples could agree to a divorce and checkmark all the issues. That they are agreeable to and leave the contentious issues to present before the court it would be ideal. This way, the couples could move on and divorce wouldn’t used as a tool of torture. Or, teaching the spouse a lesson. Adopting this way can fasten the divorce procedure a great deal.

Recently, a PIL also filed in the Supreme Court seeking uniform grounds of divorce for all the citizens of India. Hindus, Buddhists, Sikhs and Jains have to seek divorce under the Hindu Marriage Act 1955. Muslim, Christian and Parsis have their own personal laws. Couple belonging to different religions have to seek divorce under the Special Marriage Act, 1956,” the plea said.

Granting divorce virtually is a positive step in dealing with the cases in a quick and efficient manner. The practice that we are following during covid times can prove to be a blessing in future. Less, paper work, fast hearings and decision is the need of the hour .and can restore faith of the citizens in the Judiciary. The same can improve the condition of divorce proceedings in India.


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