Adv. Puneet Thakur and Associates
DIVORCE AND FAMILY LAW IN INDIA
Family law governs disputes and legal matters within families, including marriage, divorce, child custody, and inheritance. Divorce is one of the most common legal issues under family law, allowing the dissolution of marriage under specific grounds provided by law.
The Hindu Marriage Act, 1955, governs divorce for Hindus, Buddhists, Jains, and Sikhs, outlining the procedure and grounds for obtaining a divorce.
Types of Divorce in India
Divorce by Mutual Consent:
• Both spouses agree to end the marriage amicably.
• Requires filing a joint petition under Section 13B of the Hindu Marriage Act.
• A mandatory waiting period of 6 months is observed, which can be waived by the court under certain circumstances.
Contested Divorce:
• Filed by one spouse against the other on specific grounds mentioned under Section 13 of the Hindu Marriage Act.
• Includes cases of cruelty, desertion, adultery, and other legally recognized reasons.​​​​
Grounds for Divorce Under the Hindu Marriage Act, 1955
Adultery:
Voluntary sexual intercourse by a married individual with someone other than their spouse.
Desertion:
Willful abandonment by a spouse for a continuous period of at least two years without any reasonable cause.
Mental Disorder:
If a spouse is suffering from an incurable mental illness or insanity.
Renunciation of the World
If a spouse renounces worldly affairs and becomes a sanyasi or ascetic.
Failure to Comply with a Decree of Restitution of Conjugal Rights:
If a spouse fails to resume cohabitation after a court decree for restitution of conjugal rights.
Cruelty:
Mental or physical harassment that makes living together unbearable.
Conversion:
Conversion of one spouse to another religion without the consent of the other.
Communicable Disease:
If a spouse is suffering from a communicable disease like leprosy or a sexually transmitted disease.
Presumption of Death:
If a spouse has been missing for seven years or more and is presumed dead.
-
Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
-
Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
-
Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
-
Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
-
Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
-
Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
