divorce-law

Chief Justice of the Bombay High Court finally maintained that one "year-long compulsory separation was essential" to aid reconciliation between the estranged couple. It is true, but less known fact that some of the best Marriage Counselors work in the Bandra Family Court. Marriage counseling, which is essential, but neither easily available nor used, is a boon for both the married partners.

THE TIMES OF INDIA

TOP

GO TO THE MAIN POST
THIS IS NOT ABOUT
celebrity divorces such as:
alycia lane divorce
shaq divorce
divorce
hulk hogan divorce
john denver divorce
marie osmond divorce
garth brooks divorce
osmond family and divorces
lionel richie divorce
kathy griffin divorce
paula white divorce
kate obenshain divorce
ruthanne jacobs divorce
amy grant divorce
sara evans divorce
jeff gordon divorce
greg norman divorce
disney divorce
john hagee divorce
charles stanley divorce
mccartney divorce
rachel ray divorce or
grounds for charles stanley's divorce or
did taylor hanson and natalie get a divorce.
Go to the top of this post
GO TO THE MAIN POST
Check these topics on divorce. They could be very useful

• 
  divorce hazards 1
• 
  divorce hazards 2. Divorces in USA
• 
  divorce hazards 3

THIS IS NOT ABOUT
Divorce laws in different states in US such as
texas divorce laws
divorce law and lawyers maryland
florida divorce laws
christian divorce
divorce in california
florida divorce law and attorney
nevada divorce
divorce lawyers and
divorce settlements in los angeles

THIS IS NOT ABOUT
reasons for divorce
effects of divorce
free divorce kits
divorce lawyers
divorce help
online divorce
dating after divorce
trial divorce
uncontested divorce
divorce recovery
pa divorce
divorce court
divorce rates
cheap divorce
articles on reasons for divorce
divorce care
divorce grounds
divorce mediation
divorce information
do it yourself divorce
effects of divorce on hildren
marriages ending in divorce - statistics
Go to the top of this post

One year compulsory waiting as per divorce law when there is mutual consent is felt to be too long. Can it be reduced to minimum period? Chief Justice of the Bombay High Court finally maintained that one "year-long compulsory separation was essential" to aid reconciliation between the estranged couple. It is true, but less known fact that some of the best Marriage Counselors work in the Bandra Family Court. Marriage counseling, which is essential, but neither easily available nor used, is a boon for both the married partners.

THE TIMES OF INDIA Publication: TOI_Mumbai; Date: Mar 28, 2008; Section: Times City; Page: 3

DIVORCE PROCEEDINGS

No relief on year-long separation clause
TIMES NEWS NETWORK

Mumbai:
For all those young couples or even those with jaded marriages who have irreconcilable differences and want to opt out have no reprieve from a compulsory yearlong separation before they can seek a mutual consent divorce under the Hindu Marriage Act.

The Bombay high court on Thursday dismissed a petition challenging the validity of the “arbitrary’’ precondition set out under the Hindu Marriage Act for couples filing jointly for a divorce. This is the first time that the legal requirement of a year’s separation had been challenged in court. A bench headed by Chief Justice Swatanter Kumar held that the year-long compulsory separation was essential in the interest of the “institution of marriage’’ and would serve to help in its aim of aiding any likely reconciliation between the estranged couple.

Mitesh (name changed), a young 26-year-old para-med had married a 25-year-old Neela (name changed) last April. Within a few months they realised their marriage was not made in heaven and that they wanted to split. They didn’t wait for a year, but filed a mutual consent divorce petition in the family court at Bandra last October under section 13B of the Hindu Marriage Act citing an irretrievable breakdown. The court, the same month, dismissed their petition saying it could not be entertained unless there was a year’s separation between the two as per law.

The couple’s lawyer Uday Warunjikar said the law on marriages had to be evolving with the times and ought to take into consideration the changes in the society. He noted that the Hindu Marriage Act was enacted in 1955 and two decades later in 1976 it was amended to allow for mutual consent divorces under section 13 (B). “The insistence on a year-long separation was virtually frustrating the amendment and is rendering the condition unreasonable. The separation could be one month or five years, why one year?’’ Marriage laws need to be interpreted according to the changing norms in the society and a couple can’t be forced to stay married once they have decided to go separate ways.
THE TIMES OF INDIA
Publication: TOI_Mumbai; Date: Mar 28, 2008; Section: Times City; Page: 3
Go to the top of this post

20 MOST POPULAR CHAPTERS [−]	TOPICS A - to - Z [−]
ALL POSTS	ASK THE DOCTOR

divorce_hazards3

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.
keywords:
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
divorce_hazards2.


HINDU
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.
CHRISTIANS
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.
MUSLIM
The Muslim Marriage Act(1939) allows Muslim women to file for divorce in the family court.
PARSI
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.
STAYING SEPARATELY
As per Supreme Court of India, the couple could be considered to be residing separately even if they are staying in the same household.
ANNULMENT
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

1. impotency,
2. non consummation of marriage,
3. mental disorder,
4. insanity,
5. fraud and deception.

Men usually ask for annulment if wife is

1. frigid or
2. is already pregnant at the time of the marriage or
3. suffers from a mental disorder.

If people are considered mature enough at 18 years to be able to vote a leader for the nation, to be able to drive, and if they are considered mature enough to marry, why are they not considered mature enough to get a divorce immediately rather than wait for 18 months, when they both seek divorce with mutual agreement?

Dr. Ashok Koparday

ADULTERY
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.
CONTESTED CASES
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.
JAPAN

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.
ENGLAND

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

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);
2]acceptance;
3]separation of two years; and
4]because of a partner’s “fault’’ (accounting for most of the other 40 per cent).
UNITED STATES

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.
CANADA



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
Courtesy:
***The Times of India, Mumbai, Thursday December 20, 2007,
'Times City'
report titled Parting Isn't Easy By Swati Despande|TNN s.despande@timesgroup.com

20 MOST POPULAR CHAPTERS [−]	TOPICS A - to - Z [−]
ALL POSTS	ASK THE DOCTOR