Few know how difficult, even traumatic and definitely time consuming the legal PROCEDURE of divorce is even if both married partners consent and there is no contention about child or property.
contested cases, mutual consent, staying separately, decree, petition, annulment, Indian Divorce Act, the Parsi Marriage and Divorce Act, Muslim Marriage Act, family court in Bandra (Mumbai, India), Japanese Divorce, Federal Welfare Reform (USA), French Civil Code, Federal Divorce Act (Canada)
***Swati Despande/TNN in her report in the Times of India states, “Getting a divorce will take at least 18 months from the day you start living separately”.Click here to read
divorce_hazards1 and here to read
The Hindu Marriage Act governs marriages between Hindus, and the Special Marriage Act governs both inter- and same-faith marriages. The Act requires that the couple show that they have been living separately for at least 1 year before they knock the doors of the court. Only after showing the stipulated duration of separation a divorce petition can be filed. The decree of divorce that sets the couple free takes another 6 months. The court keeps the plea alive for 18 months in the hope of possible reconciliation.
The Indian Divorce Act deals with marriages of Christians. Christians have to show two years of separation before initiating the legal process. Similarly two years of separation is a must in England.
The Muslim Marriage Act(1939) allows Muslim women to file for divorce in the family court.
There is no waiting period of six months after a petition has been filed for divorce by mutual consent, though the period of separation of . The divorce court for Parsis is Bombay High Court, which periodically appoints a special judge to hear divorce pleas.
As per Supreme Court of India, the couple could be considered to be residing separately even if they are staying in the same household.
Marriages can also be annulled; this means that the court certifies that there has not been any marriage at all.
Women usually ask for annulment on grounds of
- non consummation of marriage,
- mental disorder,
- fraud and deception.
Men usually ask for annulment if wife is
- frigid or
- is already pregnant at the time of the marriage or
- suffers from a mental disorder.
Dr. Ashok Koparday
Adultery used to be a commonly cited ground. But it is difficult to prove as it requires a co-respondent and lawyers advise against it.
Either the husband or wife individually file for divorce.
Why women seek divorce?
One of the commonest reasons is cruelty — both physical and mental — and desertion.
Other grounds can be mental illness or disorder, venereal diseases, AIDS, other virulent and incurable diseases, unknown whereabouts for seven years or renunciation of the world by spouse.
Why men seek divorce?
The usual reasons for seeking divorce by men are cruelty, insult, humiliation, wife refuses to wear mangalsutra, throws a fit, misbehaves in public, is hysterical, screams, bangs her head.
The Japanese divorce by mutual consent is one of the easiest divorces in the world. The spouses can go to the town hall and simply register their divorce. The reasons do not matter but they need to be clear about which spouse has the custody of a minor.
A two-year separate stay is a must for divorces by consent.
The couple can live in the same house, but they have to show they ate and slept separately.
France does not have separation period but you have to be married for at least 6 months before you file a divorce plea.
There is also a three-to-nine-month probation period before a court confirms a divorce.
The French Civil Code permits divorce for 4 different reasons:
1]mutual consent (60 per cent of divorces);
3]separation of two years; and
4]because of a partner’s “fault’’ (accounting for most of the other 40 per cent).
The Federal Welfare Reform passed in 1980 has stipulated the creation of child-support guidelines in all 50 states in the 1980s. The duration of separation is 1 year.
Except in Maryland and Pennsylvania, where the wait is 2 years if there is not mutual consent and 1 year if there mutual consent.
Washington D C is more liberal and imposes only a six-month separation period.
The Federal Divorce Act of 1968 standardised the rules of divorce across Canada and introduced the no-fault concept as a ground for divorce as well as fault-based grounds, including adultery, cruelty and desertion.
Thanks to Swati Despande
***The Times of India, Mumbai, Thursday December 20, 2007,
report titled Parting Isn’t Easy By Swati Despande|TNN firstname.lastname@example.org
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