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Divorce

DISSOLUTION OF MARRIAGE

Section 12 of the Hindu Marriage Act provides for a decree of nullity of marriage by filing a petition within one year of marriage on the following grounds:

(a) That the marriage has not been consummated owing to the impotence of the respondent. A party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility.

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NULL AND VOID MARRIAGE

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. In such cases, it is considered to have never existed in the eyes of the law. This process is called annulment.

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MUTUAL CONSENT

When both husband and wife have temperamental differences and mutually agree to part ways, the court grants a decree of divorce based on mutual consent.

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DIVORCE ON THE BASIS OF CRUELTY

Contested Divorce: Under Section 13 of the Hindu Marriage Act, 1955, a contested divorce may be filed on specific grounds such as cruelty, adultery, desertion, etc. These cases often involve complex issues like child custody and maintenance.

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MAINTENANCE

Judicial Separation: When disputes arise during marriage, either spouse can apply for judicial separation under Section 10 of the Hindu Marriage Act, allowing them to live separately without dissolving the marriage.

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CHILD CUSTODY

The custody of a child after divorce is a sensitive issue. Often, children face emotional challenges during their parents' separation. Custody decisions are made considering the best interest of the child.

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