Please describe it
2007-08-21 23:16:27 · 6 answers · asked by sanjukta 1 in Family & Relationships ➔ Marriage & Divorce
In India "No Fault" divorce is divorce by mutual consent where both the parties file joint petition in the family court & after a period of six months but before18 months from such date of filing such petition they are granted decree of divorce. No other ground as applicable for divorce in their case is required to be proved by any evidence. Let me bring here provisions of the Hindu Marriage Act, 1955 section 13-B which provides for such divorce. 13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
2007-08-22 00:31:59 · answer #1 · answered by vijay m Indian Lawyer 7 · 7⤊ 0⤋
No Fault Divorce In India
2017-01-20 14:09:12 · answer #2 · answered by ? 4 · 0⤊ 0⤋
There is actually no such thing as no fault divorce in india as it is understood in U.S.A and other western countries. The equivalent of it in india is divorce by mutual consent. This is provided under Sec. 13-B of Hindu Marriage Act, Sec. 10-A of Divorce Act ( for Christians ), and Sec. 28 of Special Marriage Act ( between people belonging to different religions). Divorce by mutual consent requires the parties to have lived apart from each other for period of 1 year or more after marriage before approaching the court for divorce. In this form of divorce since the parties do not contest the divorce it is usually granted much quicker and since it by consent it is also not appealable in general.
2007-08-22 00:55:50 · answer #3 · answered by Pramod R 4 · 0⤊ 0⤋
Do they divorce in India too? I read in books that they once marry, will live till the death. Also they do not date to marry and only the parents arrange or something like that.
Sorry I may be wrong. I am only 15 and trying to understand.
2007-08-21 23:28:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
both agrees to get divorce
without complaining any fault with each other
so no compensations.
2007-08-21 23:27:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
irreconcilable differences. nobody is to blame, more than the other.
2007-08-21 23:24:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋