Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
There are various types though specified in the Hindu Marriage Act,1955 for dissolving marriage or for filing for divorce proceeding in court which includes judicial separation, nullity of marriage,divorce,mutual consent.
Section 10 -Judicial separation:
Filed by either parties to the petition and has to proof the grounds specified in section 13(1). Once decree passed for judicial separation no need to cohabit with respondent.
Section 11 & 12- Nullity of Marriage(annulment):
This means that the marriage has not happened at all. The marriage is declared void if the marriage has happened due to non-consumption of marriage, fraud, force, concealment of the facts or the couple is in the prohibited degree of relationship. Generally the alimony or maintenance should not arise in such a separation . The persons would regain the unmarried status.
section 13 & 13A – Divorce:
Divorce is the dissolution of the marriage by both the parties on the basis of cruelty, desertion, adultery etc. Here the alimony as well as maintenance comes into force, if one of the spouses wants. The status after divorce is divorcee for the person.
Section 13B – Divorce with mutual consent:
The petition for filing mutual divorce jointly presented before the court if and only if both the spouses have been:
> Living separately for more than one year,
> Not living together,
> Mutually agreed to dissolve the marriage
Registration of Hindu marriage:
The Supreme Court of India has ordered the compulsory registration of all marriages in India, irrespective of the religion. In India, Marriage of Hindu couple registered accordingly by:
- The Hindu Marriage Act, 1955
- The Special Marriage Act, 1954
However under Hindu Marriage Act, 1955 there is no provision that makes the registration of marriage compulsory for getting divorce. Marriage so solomonized considered as valid even if it not registered as per Hindu marriage act.
However, if it fulfills the conditions like saptpadi and a few more rituals mentioned in Hindu Marriage Act. Thus a marriage is legally binding even if it is not registered and in order to get divorce, you have to undergo the same divorce procedure mentioned in Hindu Marriage act.
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