DIVORCE

The very counter word for marriage is divorce. Divorce is the legal separation of two spouses
by bringing an end to the vows that they took during the sacred ceremony of marriage.
Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling
the legal duties and responsibilities of marriage and dissolving the bonds of matrimony
between the parties

Types of divorce
Absolute Divorce

Absolute divorce is the legal end of a marriage and it ends all legal bonds between two
people in regards to being a couple. The grounds for absolute divorce vary from state to
state, so it is wise to consult individual state laws before embarking on the path to absolute
divorce.

Limited Divorce

A limited divorce is similar to separation. Courts generally use limited divorces for people
who wish to end their marriage but do not have grounds for an absolute divorce, or couples
that need to arrange their finances but cannot settle their grievances on their own. Like legal
separation, spouses must live apart and cannot have sexual relations between themselves or
with others. Limited divorces also give partners time to settle questions such as alimony,
child support, child custody, health insurance, and division of property questions before their
separation is finalized. Laws regarding limited divorce also vary from state to state.

Uncontested Divorce

An uncontested divorce is when both parties in an ending relationship reach a mutual accord
about the disposition of property, finances, children, and other often contentious issues.
While uncontested divorces may appear to be the simple way to achieve desired goals, they
often cause people to waive rights they did not know they had, such as support from
pensions, real estate, or other sources of income. Legal advice is critical during even these
apparently simple proceedings.

No Fault Divorce

A no-fault divorce is a legal procedure in which neither partner seeks to place blame on the
other, and that irreconcilable differences prevent the couple from continuing as married
spouses. No-fault divorces spare couples who wish to amicably split up to avoid protracted
and difficult custody and property separation battles.

Collaborative divorce
Collaborative divorce is a method for divorcing couples to come to agreement on divorce
issues. In a collaborative divorce, the parties negotiate an agreed resolution with the

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assistance ofattorneys who are trained in the collaborative divorce process and in mediation,
and often with the assistance of a neutral financial specialist and/or divorce coach(es).
Mediated divorce
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation
session, a mediator facilitates the discussion between the two parties by assisting with
communication and providing information and suggestions to help resolve differences. At the
end of the mediation process, the separating parties have typically developed a tailored
divorce agreement that can be submitted to the court.

GROUNDS FOR DIVORCE in India mentioned under the Hindu Marriage Act, 1955.
Adultery – The act of indulging in any kind of sexual relationship including intercourse
outside marriage is termed as adultery. Adultery is counted as a criminal offence and
substantial proofs are required to establish it. An amendment to the law in 1976 states that
one single act of adultery is enough for the petitioner to get a divorce.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental
and physical injury that causes danger to life, limb and health. The intangible acts of cruelty
through mental torture are not judged upon one single act but series of incidents. Certain
instances like the food being denied, continuous ill treatment and abuses to acquire dowry,
perverse sexual act and such are included under cruelty.
Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of
two years, the abandoned spouse can file a divorce case on the ground of desertion.
Conversion – Incase either of the two converts himself/herself into another religion, the other
spouse may file a divorce case based on this ground.
Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of
the petitioner suffers from incurable mental disorder and insanity and therefore cannot be
expected from the couple to stay together.
Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the
other spouse based on this ground.
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily
communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases
like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly
affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be
‘naturally heard’ of the person for a continuous period of seven years, the person is presumed
to be dead. The other spouse should need to file a divorce if he/she is interested in
remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to
resume their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by
the wife.

 If the husband has indulged in rape, bestiality and sodomy.

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  If the marriage is solemnized before the Hindu Marriage Act and the husband has
again married another woman in spite of the first wife being alive, the first wife can
seek for a divorce.
 A girl is entitled to file for a divorce if she was married before the age of fifteen and
renounces the marriage before she attains eighteen years of age.
 If there is no co-habitation for one year and the husband neglects the judgment of
maintenance awarded to the wife by the court, the wife can contest for a divorce.

Some social Causes of Divorce From Prior Studies

Gender conflicts,Commitment to work Personality,Problems with in-laws, Drinking, ,

extramarital sex ,Sexual problems,Economic non-support,Untrustworthy physical abuse, ,
emotional abuse, ,Neglect of home and children,Lack of love,Mental cruelty, Lack of
communication, criminal, Value conflict, ,education

Divorce procedure in India is based on the following acts.

India has different divorce laws for different religions. Almost all the religions has their own
divorce laws in India which are used amongs themselves. There are seperate laws for inter-
cast or inter-religion marriages. Divorce laws in India for Hindus is described in Hindu
Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they
don't have their own seperate marriage and divorce laws. Here is the list of various divorce
laws in India for various religions:

 Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955
 Muslims : Dissolution of Muslim Marriages Act, 1939
 Christians : Indian Divorce Act, 1869
 Parsis : The Parsi Marriage and Divorce Act, 1936
 Inter-Cast of Inter-Religion : Special Marriage Act, 1954

A judgment for mutual divorce is passed out only if all the necessary agreements required for
a mutual divorce in India are strictly maintained. The husband and the wife should come to
terms of settlement regarding the following issues.

 Custody of Child
 Return of Dowry Articles / Istridhan of Wife
 Lump Sum Maintenance Amount of Wife
 Litigation Expenses

(Global) DIVORCE RATE.

 Sweden – 54.9%,United States – 54.8%,Russia – 43.3%,United Kingdom –

42.6,Germany – 39.4%,Israel – 14.8%,Singapore – 17.2%,Japan – 1.9%,Srilanka –
1.5%,India – 1.1%

A survey states that over the past four years the divorce rate in Delhi, the capital city of India
has almost doubled and is projected to be 12000 by the year 2008. In 2006, Bangalore, the IT
hub of India it was recorded that 1,246 cases of divorce were filed in the court that pertain to
the IT sector exclusively. It has been estimated Mumbai has shot up to 4,138 in 2007 while
cities that are acknowledged for their cultural richness and social values like Kolkata and
Chennai, are no less behind. Agro based states like Punjab and Haryana are now seeing an

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increase of 150% of divorce rate since the last decade. Kerala, known to be the most literate
state has experienced an increase of divorce rate by 350% in the last 10 years.
Divorce and Children

During the divorce, schoolwork may seem unimportant to children and adolescents, and
school performance often worsens. Children may have fantasies that parents will reconcile.
Children aged 2 to 5 years may have difficulty sleeping, temper tantrums, and separation
anxiety. Toileting skills may deteriorate. Children aged 5 to 12 years can experience sadness,
grief, intense anger, and irrational fears (phobias). Adolescents often feel insecure, lonely,
and sad. Some engage in risk-taking behaviors, such as drug and alcohol use, sex, theft, and
violence. Others may develop eating disorders, become defiant, skip school, or join peers
who are engaging in risk-taking behaviors.
Emotion

Couples facing a marriage break-up will have to cope

with:Anxiety,Anger,Sadness,Weariness,Guilt,Feeling of isolation,Low self-
esteem,Worry,Disappointment / frustration,Loneliness

Among estranged partners in marriage, these feelings are unavoidable before, during and after the
process of divorce. The couples concerned are not the only people affected; others close to them
may be affected too.

Emotion Finance

Added responsibilities Social stigma

Effects on children Legal matters

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The Hindu Marriage Act,1955

13. Divorce.-

(1) Any marriage solemnised, whether before or after the commencement of this Act, may,
on a petition presented by either the husband or the wife, be dissolved by a decree of divorce
on the ground that the other party—

1[(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or]

1[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
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[(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

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[(iii) has been incurably of unsound mind, or has been suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the petitioner
cannot reasonably be expected to live with the respondent.
(a) the expression “mental disorder” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally
aggressive or seriously irresponsible conduct on the part of the other party, and whether or
not it requires or is susceptible to medical treatment; or]