Rules for
Divorce in India
Introduction
The object of
divorce law always is to reach and find points of settlement and cohabitation
between husband and wife.
If the couple
is not in a state to adjust with each other, then the court may grant a
divorce.
Divorce results
in the dissolution of marriage, and it is a right against the world.
With the change
in the trend of marriages, the laws regarding divorce are also amended to meet
the need for time.
The amendment
in the divorce laws is to ensure the easing of the lengthy and time taking
process.
Waiving of 6
Month Mandatory Period
When couples
approach the court for divorce under Section 13B(2) of the Hindu Marriage Act,
1955, the court grants six months for rehabilitation.
Law of
Maintenance
Section 25 of
the Hindu Marriage Act, 1955 provides power to court for ordering the payment
of maintenance.
Unconstitutionality
of Triple Talaq
Muslim Law has
followed the practice of triple talaq, which has been arbitrary to Muslim
Women.
Since mere
saying ‘talaq’ thrice cannot be a basis of divorce. The Apex Court has taken
the same view and declared the triple talaq to be unconstitutional.
The reasoning
is that it violates the fundamental right of Muslim Women.
The Supreme Court of India banned the Islamic practice of "Triple Talaq" (divorce by uttering of the "Talaq" word thrice by the husband).
Christian
Divorce Laws
The position of
Christian law regarding divorce is different now. The granting of divorce
decree shall be from a Civil Court and not from the ecclesiastical tribunal.
This is
necessary since the divorce decree forms to be a right against the world at
large.