The word Divorce had not defined under any statutory provision but it could be defined as a legal dissolution of marriage. Divorce is not only the separation of two-person but it is the separation of two families. It is a personal matter of the person and rules for divorce are given under Hindu Marriage Act, 1955 for Hindus including Hindus, Buddhists, Sikhs and Jain. Muslims dissolution of marriage under the Muslim Marriage Act, 1939 Parsis by the Parsi Marriage and divorce Act 1936 and Christians dissolved the marriage under Indian Divorce Act, 1869.
Types of Divorce
A Divorce can get with mutual consent or a person can file a divorce petition against another spouse.
Divorce by mutual consent
Divorce without mutual consent
1) Divorce By mutual consent
According to section 13 (b) of the Hindu Marriage Act, 1955 person can file a petition for divorce together on the ground that they have been living separately for a period of one year or more not been able to live together and they have mutually agreed that the marriage should be dissolved. This type of divorce is neither more costly nor more traumatic. Every decision can take mutually on some matters before the divorce. For example children’s custody, maintenance and property rights etc. If both the parties can agree on every matter then the divorce can take easily with mutual consent under the Hindu Marriage Act, 1955. Mutual consent divorce can get sooner other than the divorce can get without the consent.
2) Divorce without mutual consent
There are specific grounds on which the person can get a divorce. Like cruelty, Adultery, Desertion, and conversion are other grounds for taking divorce by the one person husband or wife.
Adultery:-
According to section 13 (1) (i) after the solemnisation of the marriage, had voluntary sexual intercourse with any person than his or her spouse. Adultery is a crime in India and also has its penal provision under section 497 of the Indian Penal Code. According to section 497 of I.P.C. whoever has sexual intercourse with a person he knows or has reason to believe to be the wife of another man and without the consent or connivance of that man, such sexual intercourse does not amount to the offence of rape it is guilty of the offence of adultery and it shall be punished with imprisonment for a term of five years or which may extend, or fine or with fine, or with both.
Cruelty:-
According to section 13(1) (i a), a cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, or mental injury. Cruelty is not only a physical danger it is also a mentally disturbance.
Desertion:-
Desertion means withdrawing from matrimonial obligations. According to section 13(1) (ib) of the Hindu Marriage Act, 1955 the Decree of Divorce can be granted if he has deserted the petitioner for a continuous period of not less than two years before the presentation of the petition.
Conversion:-
According to section 13(1) (ii) If one party has ceased to be a Hindu by conversion to another religion then the petitioner can file a petition for a Divorce.
Mental disorder:-
According to section 13(1) (iii), he has been incurable of unsound mind, or has been suffering continuously or intermittently from a mental disorder of such a kind and the petitioner cannot expect to live with the respondent. It means if a person cannot fulfil matrimonial duties due to mental illness, or incomplete development of mind then another party can file a petition for divorce.
Leprosy:-
According to section 13(1) (iv) person can suffer from a virulent and incurable form of leprosy then another spouse can file a petition for divorce. But this subsection was omitted by Personal Law (Amendment) Act, 2019
Renunciation of the world:-
According to section 13(1) (vi) person has renounced the world by entering any religious order and another party can file a petition for divorce. It means one party has renounced his/ her married life or gone for a sannyasa then another party can file a party petition for divorce.
Presumption of death:-
According to section 13(1) (vii), he has not been heard of as being alive for a period of seven years or more. It means one has not been alive or neither any report nor news being alive within a period of seven years or more than seven years than the court presumed that that Person was dead.
Void Marriage
A void marriage is invalid from its very beginning or its void ab initio. It means that marriage is unlawful or invalid under Hindu law. A marriage is automatically null and void when the law prohibits it under section 11 of the Hindu Marriage Act, 1955. For example:- Bigamy, Interfamily marriages are void marriages.
Voidable marriage
The consent obtains by fraud or force at the time of marriage and the petitioner was at the time of the marriage ignorant of the facts alleged then this marriage was voidable marriage. A person can file a petition for divorce if the consent obtains by fraud or force at the time of marriage.
Alimony/ Maintenance
At the time of marriage, a person is supported each other at every moment or every time. If a person can get a divorce then he may file a petition for maintenance under Hindu law and under section 125 of the criminal procedure code. The court can decide the amount of maintenance and alimony paid by the husband to her wife.
Conclusion
Each person has the right to divorce if the marriage is null and void or voidable marriage. If a person cannot fulfil all the obligations of marriage then he may have the right to get a divorce. If a person can get a divorce by mutual consent then divorce can get easily or not so costly and it will be given within six months.
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