Divorce cases in India have seen an upsurge, prompting changes to divorce laws.

Prior to 2016, couples seeking divorce by mutual consent were required to wait six months in order to consider their decision and attempt reconciliation, should this prove possible.

Maintainence or alimony payments may be granted if one spouse cannot support themselves financially, either as an upfront lump sum payment or regular monthly amounts.

Grounds for Divorce

Divorce grounds in India vary, often depending on religious laws and based on personal experience. For instance, Hindu and Muslim divorce grounds differ significantly from each other, as do Christian or Catholic ones. Cruelty is often an excuse for divorce; physical as well as mental cruelty may constitute grounds for split. Living with someone who constantly puts your life or mental wellbeing at risk can be stressful; for this reason alone the law considers this behavior grounds for divorce.

There are exceptions to this rule; for instance, anyone found engaging in bigamy, rape, sodomy or bestiality will be considered grounds for divorce in India. Also if a woman becomes infected with leprosy or another communicable disease they would qualify as grounds for divorce proceedings.

According to Indian law, courts may dissolve marriages that have gone beyond reconciliation or restoration. Before dissolving, however, courts must adhere to specific procedures and follow certain rules; specifically they must determine that grounds exist for dissolution such as irretrievable breakdown of marriage.

The Supreme Court of India recently held that “irretrievable breakdown of marriage” can refer to marriages in which reconciliation is no longer possible, following a petition filed by a couple seeking divorce on grounds that their relationship had completely broken down. A five-judge constitution bench granted their request under Article 142 of India’s Constitution which empowers it to provide full justice.

Courts will decide whether or not to grant a divorce if both parties agree. Mutual consent divorce can be completed quickly; alternatively, other types of divorces require more work from both sides – these are known as contested divorces and require both parties to prove certain details to a judge before finalization can occur; sometimes taking nine months.

Irretrievable Breakdown of Marriage

Marriage can be ended through mutual consent based on irretrievable breakdown of the relationship, with either partner filing a petition and providing evidence that shows this to court in their affidavits. If the court accepts this conclusion, they will grant a decree of divorce; it’s important to note, though, that evidence supporting this assertion must be sufficient and convincing enough.

The court will carefully consider both parties’ affidavits to ascertain if their marriage has officially come to an end, before verifying it and making its ruling on this matter. Once separated, both husband and wife may then choose how they wish to separate.

This law, created decades ago, needs to be revised in order to keep pace with evolving societal needs. One factor behind this change is an increase in marriages coming to an end due to fault rather than non-fault based grounds; it can be hard to prove a marriage has ended simply due to discord or living apart.

Divorces often result from infidelity or extramarital sexual relations outside the marriage, which is one of the primary reasons marriages breakdown and can lead to other issues within it such as financial strain or domestic violence. A spouse can file a petition with the court in this instance if there is evidence showing their partner engaged in acts of infidelity or extramarital sexual relations outside the relationship.

Cruelty is one of the grounds for divorce in India. According to courts’ decisions, cruelty alone may suffice as grounds for separation or annulment and this has been welcomed by many women. However, one should take note that definitions of cruelty differ depending on gender.

If a woman alleges she has been treated cruelly by her husband, he can seek judicial separation through district court proceedings. Once approved by the court, they will treat her as unmarried for contract, wrongs and injuries issues as well as filing civil suits or being sued in civil proceedings.

Maintenance

Maintenance is a form of financial support available to spouses who cannot meet their expenses due to limited income. Maintenance payments may come either as one lump sum payment or regular instalments. Under law, parents and children of deceased spouses have the right to claim maintenance payments as well. When deciding the quantum of maintenance to pay out, courts take several factors into consideration, including each partner’s financial status as well as standard of living during marriage.

Courts may grant interim maintenance during the pendency of divorce proceedings; this is known as pendente lite maintenance; they can also order permanent maintenance afterward. Wives who own assets may submit an application for permanent maintenance despite this, with each individual court taking into consideration his earning capacity before determining its amount.

Social justice dictates that husbands provide financial support for their wives in the event they can no longer support themselves financially after divorce, since marriage requires significant investments of time, energy and emotions from both parties and can have serious repercussions for both parties involved. Therefore, courts have an obligation under statute to make sure no wife is left without adequate support following such proceedings.

Maintenance law is gender neutral and thus allows men to file maintenance claims against their spouses if they cannot financially support themselves due to physical or mental impairment. But in order for this claim to succeed, proof must be provided of incapacity through medical evidence or letters from physicians stating such.

Under Section 125 CRPC in India, filing for maintenance can be filed at either a family court or Judicial Magistrate of First Class in your district. Once there, they will review your assets and property value to assess what amount should be awarded as maintenance alimony.

In Sangamitra Ghose Vs Kajal Kumar Ghosh, the Supreme Court found that husbands must pay maintenance to their wifes after divorcing due to irretrievable breakdown. According to this apex court decision, this obligation arises by virtue of being married and can be enforced under criminal law.

Child Custody

Divorce can be emotionally challenging for all involved, particularly the children. Issues surrounding custody can become complex and lengthy. India’s laws give priority to children’s welfare when making custody decisions – with courts taking into account factors like health status of each child as well as quality of relationships between mother and father in their decision making.

The court may also take into account a child’s wishes if he or she is old enough to express them. In certain instances, mothers who have been providing primary care may receive custody – though visitation rights won’t ever be denied to either party.

Divorce can have devastating repercussions for children, making it essential that both parents remain involved in their life. Courts increasingly grant joint custody arrangements so both parties have equal control of raising the child while making decisions about his or her education, religious upbringing, medical care needs and other matters pertaining to his or her upbringing.

Before filing for divorce, it is wise to consult a knowledgeable child custody lawyer to guide and protect your parental rights. They can guide the process with ease and assist in protecting them as much as possible.

Though some may consider child custody laws unfair, it’s essential to keep in mind that courts make decisions based on what’s best for children. Therefore, hiring an attorney experienced in handling child custody cases is key in protecting your rights as a parent and increasing the odds of winning custody of your child. Furthermore, this attorney will offer tailored legal advice according to your situation.