DIVORCE || तलाक
DIVORCE IS A LEGAL PROCESS OF DISSOLUTION OF MARRIAGE AND THROUGH THIS PROCESS THEY GET FREE FROM LEGAL AND SOCIAL DUTIES AS WELL AS FROM RESPONSIBILITIES.
This Article Will Let You Know About The Legal Process Of Divorce And Who Can Appeal For Divorce In The Court Without Any Barriers Or Lawsand Also Benefits From Getting A Divorce Instead Of Running Or Facing Married Life With Such A Person Who Doesn T Cares And Respect Your Values.
CONTENTS OF THIS ARTICLE:
- LEGAL LAW
- DIVORCE CAN BE GRANTED ON SEVERAL GROUNDS
- REASONS BEHIND THE CASES OF DIVORCE IN INDIA
- MERITS AND DEMERITS OF DIVORCE
- LAST CHANCE TO GET FREE FROM LEGAL AND SOCIAL DUTIES AND FROM UNDESIRABLE RESPONSIBILITIES.
LEGAL LAW
As per the law for Christians indian divorce act 1869 husband or wife with mutual consent can file or appeal to the district court even without consent husband or wife can still appeal in the court but there is one condition and that is at least 1 year of separation or not living as husband and wife are required before appearing in the district court.
FOR HINDUS OR SIKHS OR BUDDHISMS
Under section 13 b of the Hindu marriage act 1976 any married couple can mutually file or appeal to the family court with mutual consent which is very essential as per sec 13 b can get a divorce or separation from each other.
As same here 1 year of judicial separation is required to prove in the court that for the last 1 year, they both are not living together at the same residence as husband and wife before filing a petition in the family court.
After the hearing court will create or bring harmony in the first motion concerning the safeguarding of the marriage if still, both agreed on divorce with mutual consent then the court will create another motion for a period of at least 6 months or call a final hearing and on the final hearing court will make a judicial separation order for at least one year than after contract of the agreement will be the file between husband and wife of permanent dissolution of marriage.
DIVORCE CAN BE GRANTED ON SEVERAL GROUNDS
DOWRY, SEXUAL HARASSMENT, MENTAL DISORDER, CRUELTY, AND ADDICTION TO DRUGS OR ALCOHOL.
In India arranged marriages are used to believing in a respective and reliable manner of marriage parents strongly have an assumption what they made a decision for their children will be best for them but today life is uncertain we never know if anything could possibly happen and we are here not to blame parents or their beliefs about arranged marriage.
REASONS BEHIND THE CASES OF DIVORCE IN INDIA
Even the worst cases are found related to love marriage in the court as compared to arranged marriage the couple first comes to know each other and then they fall in love respect each other and finally they made a decision of marriage to stay together and spend their whole life respecting each other but still they move towards divorce why the couple did everything before getting married in a format of love marriage knowing each other falling in love with mutual consent and even they made their own decision of marriage but still marriage not moved in a good direction and actually got the end in the form of divorce.
Whether it is arranged or love marriage the reason why divorce cases are growing day by day is because of the end of humanity people don t love each other they do but with some expectations like the rich parents of the bride will offer a dowry to the groom s family with a lot of cash and when their expectation falls they used to blame bride s family and then cruel with the bride starts and this will lead to the bride to take a step towards divorce for self-protection from such lusty persons
Addiction to drugs or alcohol is also responsible for cases of divorce and due to the addiction physical harassment took place between the couple certainly love and care for each other came to an end all these are crucial issue which is very important to analyze and took a step at the right time if we want to protect our love and our marriage.
MERITS AND DEMERITS OF DIVORCE
MERITS:-
In Simple Words If You Are Not Happy With Your Life Partner Then Divorce Is The Decision That Allows You To Take One More Step Towards Your Freedom And From Legal Duties As Well.
Indian Law Under The Hindu Marriage Act Gives You The Right To Make Your Own Decision Whether, With A Mutual Consent Or Not Still You Can Get Your Rights And Fight Against Crimes Or Harassment, You Faced In Your Marriage Life.
If You Get A Child From Your Marriage Still You Have The Choice To Keep Your Child With You Through Legal Proceedings And If You Are The Bride First Right Is Yours To Keep The Child With The Mother And Even You Can Charge From Your Husband Every Month As A Maintenance For You As Well As For Your Child As Well.
After Getting A Divorce You Can Marry With Someone Or Live With The Person To Whom You Love Legally You Will Be Allowed These Steps Will Help You Start Your Life Once Again.
If You Know The Laws Or are Familiar With Your Rights You Can Put Your Husband Or Wife Or Even Their Parents Behind The Bar Or in Jail Because Of Their Behaviour Or Crimes Against You If You Still Wanna Go For Divorce Then I Must Say Go And Enjoy Your Life Once Again.
DEMERITS OF DIVORCE:-
We Always Have To Face The Outcomes From Both Sides From The Positive Side And The Negative Side As Well Divorce Sounds Easy But In Actuality It Is The Worst Situation Of Life For A Husband Or Wife At That Stage They Both Don T Know What To Do Some Say Go With Divorce And Some Refuse Or Stop Them To Go For Divorce It S Such A Worst Dilemma And Confusing Step If They Took Wrong Decision Then Their Life Will Be Ruined And If They Take The Right Decision They Do Live Positively In Their Life.
After Divorce For Both Males Or Females Getting Re Marriage Or Starting Life Once Again Is Quite Difficult Especially For A Girl And If She Is Illiterate Situation Becomes Worst As She Becomes Dependent On Their Parents
Indian Culture Or Our Religion Does Not Allow The Process Of Divorce Or Dissolution Of Marriage Even Our Society Does Not Seeing Equally To Divorced People As They Have Their Own Perception Of Their Characters India Is Growing Day By Day Even Though Our Education Level Or Literacy Level Has Improved But Still Our Society Has Not Developed Mentally.
INDIAN LAW PROVIDES YOU YOUR RIGHTS BUT STILL, IT WOULD TAKE A QUITE LONG PROCEEDING TO FINALLY GET RID OF IT.
Still, In This Article I Would Prefer You Or Suggest You If You Think You Can Solve All Those Issues While Living In Marriage Then You Must Give A Chance To Your Life And Your Loved One As Mistakes Can Be Improved And Man Or Girl Are Not Wrong But Situation Or Addiction Makes Them Wrong And If Believe Thing Can Be Better Than Safe Your Marriage And If Not Then Don T Hesitate To Go For Legal Proceeding For Divorce Finally It S Your Choice And Your Decision Should Be Also Yours.
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