PROCEDURE FOR DIVORCE (IN BRIEF)

Hello friends, as we have already discussed in our recent blog about the common grounds for divorce. Today in this article I will give you a brief overview about the procedural aspects of divorce.

Section 498 A IPC (Indian Penal Code)

The most amount of cases are generally filed under this provision. This is a provision which comes to the rescue of the wife who has been subjected to cruelty. The case is filed under this section only if the legally wedded wife is subjected to the act of cruelty either by his husband or any other relative of the husband. The definition of the term cruelty under this section and is said to include the following:

Any wilful conduct leading the wife to such an extend that she might be thinking of commiting suicide or any grave injury causing danger to her womb, life, or any harassment whether mental or physical;

It further includes any act causing harassment to the wife by forcing her to bring money personally or even pressurizing her to ask for money from her relatives leads to an act which comes under this section to the defination of cruelty.

The maximum punishment prescibed under this section is for a period of 3 years coupled with fine.

Section 12 Domestic Violence Act

Under this provision, an application can be filed by the victim to the court of Metropololitan Magistrate citing incidents leading to violence. The court thereafter appoints a protection officer who thereafter makes an initial enquiry as to the actual conditions and court thereafter if satisfied provides the other party to rebut the allegations and finally disposes of the application. This section also prescribes a maximum period of 60 days within which the application filed here shall be disposed of.

Section 125 CrPC (Code of Criminal Procedure)

This section provides for the provision of maintenance to wives, children and parents of the husband. The wife shall not be eligible for any maintenance in case it is shown that she is living in adultery or she has left the husband without any sufficient cause or in case both the husband and wife has mutually decided to live separately. In other cases, wife is eligible to get the maintenance fixed by the court even after divorce.

Section 13(1)(B) and 13(2)(B) Hindu Marriage Act

Under this provision, both the parties i.e.husband and wife can mutually file a case for dissolution of marriage. This is also termed as the first motion. This is quite a speedy process in contrast to the orthodox nature of the contested case. Under this the parties need to appear only once in court in order to record their statements. Then after expiry of 6 months time, both parties again has to file second motion before the court in the same manner as been followed during the first motion, and after completion of the same the marriage between both the parties is said to be dissolved. This period of 6 months is sometimes been referred to as the cooling off period because its normally been granted to give a sought of second chance to the parties to think again and decide if by chance they would like to stay together by resolving their disputes. However, in some recent case laws, it has been held that in some exceptional circumstances this period of 6 months may be waived off and the parties can file the second motion immediately after the first motion.

IN CASE THE PARTIES FAIL TO AGREE MUTUALLY THEN THE ONLY RESORT IS TO FILE A CASE FOR DIVORCE BASED ON GROUNDS DISCUSSED IN OUR PREVIOUS BLOGS WHICH WOULD BE A BIT LONG AND TIME CONSUMING.

I hope I have managed to give you a brief insight into the procedure for divorce. If you have any queries, write down in the comment section below.