New Divorce Rule in India
The divorce rate in India has been growing for the last couple of years says the experts and it has also been revealed that certain changes have been implemented as the new divorce rule. And therefore, it has become necessary to know what the changes are and how it has been introduced in the new divorce rule. However, getting help from an expert divorce lawyer is more beneficial as per their expertise and better insight into the law and enormous case-solving experience, it is beneficial to know more from them, especially when you are looking to move forward with the divorce case filing. There are some special rights and benefits for women and at some points, the involvement of their volition also matters, especially when they get divorced from their husbands. In some cases, there are provisions for no alimony also which can explicitly be understood with the help of the divorce lawyer. What are those conditions and what does the law say about them, let us know explicitly with some prominent facts.
Grounds of Divorce
There are some essential parameters for divorce, and these are the transformative factors that propel the rate and implementation of divorce these are:
Grounds for divorce: there are different grounds for divorce like adultery, cruelty, desertion, conversion of religion, presumption of death, separation for more than one year without any reason and information, etc. As per these grounds, a divorce can be filed.
Jurisdiction: The district where the couple has been residing for many years takes the case and proceeds and proceeds with all the formalities.
Residency Requirements: As per the rule at least one spouse must reside in India before filing the divorce case.
Waiting Period: ever since you file the case, the court provides six months to be sure about the divorce because many spouses change their intentions in this period.
Alimony: As per the law and constitutional rules the spouse i.e., the husband has to pay the alimony to the wife after the divorce and as per the financial status, marital status, duration, joint property and all, they have to decide about the maintained or ultimately court decides this.
Child Custody: it is also an essential part of the divorce law where the custody of the child is decided by the court, or it may also be decided by mediation. But after all, it becomes the responsibility of the court.
Appeal in Higher Court: It’s the right of the party that if they get the undesired justice in the lower court, they have the right to appeal or challenge the court’s decision in the higher court.
Divorce Rules in India
With the amendment and implementation of the divorce rule, certain changes were made by the government and the constitutional authority i.e., the juridical benches. It is applicable in all those cases where changes have been made to the new divorce rules, and these are like.
Adultery: in the adultery ground the spouse who was cheated had the right to file a divorce in the older rule.
Whereas, in the new and updated rules, both parties can file the divorce as per the rule and both of them have the right to proceed with the divorce.
Cruelty with mental and physical violation: In the previous rules it was included as a robust ground for divorce but there were some difficulties because these were not interpreted explicitly.
In the new rules, the mental and physical violence influenced by the physical orders has been explained clearly and it has been mentioned as the robust ground not only for the divorce but also while interpreting for the child custody case.
Desertion: In the previous rules it was considered a solid ground for divorce if there was separation without any reason or information for 2 years.
Whereas, in new rules, the duration has been reduced to one year and if someone is apart without any information for up to one year, it can be the grounds for divorce.
Conversion: previously, it was not recognised or considered as any serious issue for the divorce. But, in the new rules, it has been updated as the solid ground for divorce, especially if, someone is proceeding with this without any Information and mutual understanding.
Considering all these changes there have been some new amendments in the divorce rules where and all these have been taking place as per the contemporary situation and the social changes. Some of them are the following.
Waiting for six months might not be mandatory.
Considering the emotions and social rules, previously, there was a six-month waiting provision in the divorce case as per section 13B (2), where there might be chances in the changes in thought of the spouse. But now as per the instruction of the Supreme Court, it has been explained that the six-month waiting period may not be mandatory, because, if someone has decided to be a part due to personal reasons, it must not be necessary, and the spouse must not be pressurized to stay together under the one roof. And in the new rules, it has been removed.
Maintenance can be claimed by the partner living in the relationship.
In the changes in the social code of conduct where live-in-relationship have been taking place broadly, it has been implemented as a valid relation and the person involved in the relationship for a long time can also claim for the maintenance under divorce rules 2022 and its an updated rules. For better insight, the suggestion from the best divorce lawyer will be beneficial,
Another rule where constitutional rule will be higher than religious body
In the new marriage act, the religious rules will not be applicable in divorce cases, especially those that were approved by the community, such as triple talaq and all. In every condition, the constitutional rules will be dominating.
Conclusion
Considering enormous grounds in previous and new divorce rules, it is essential to get acquainted with the terms and conditions which are invariably associated with the divorce rules for better insight you can consult Advocate Sachin Kashyap for the brief details, especially if you are willing to move forward for the divorce. However, it’s difficult to survive such an emotional situation, it is essential to follow all the norms and guidelines and you can be comfortable and handle all these with the help of the best divorce lawyer in Delhi.