Nidhi Choudhary Advocate and Associates is one of the leading divorce lawyers and advocates in Srinagar, Kashmir. Nidhi Choudhary Advocate and Associates has experience in the legal domain representing various clients from multifarious forums. We are principally a Jammu based Law firm, but have wide network of Lawyers and Counsels for support of our clients throughout Jammu and Kashmir, India. With the enterprising and dynamic approach towards legal problems, the strength of our firm lies in its personnel who have an array of experience in legal matters. We work round the clock to provide the finest service to our clients.
Divorce Lawyers, Advocates in Jammu
Dissolution of marriage is another name for divorce, which is the legal process of ending a marriage or other matrimonial relationship. In order to dissolve the bonds of matrimony between a married couple under the specific rules of the country or state, divorce involves rearranging or cancelling the legal responsibilities and obligations of marriage.
The Laws Governing Divorce in india
India is a land of diversity. It is a goldmine of culture and customs. The customs and culture changes at rapidly as we move from east to west and from north to south and so do the rituals of marriage and grounds of divorce. Marriage and divorce are a part of personal law thus they are not uniform. The grounds for determining a marriage to be valid and divorce also changes and are thus determined by various laws in India. Some of the laws discussed in the following are:
- The Hindu Marriage Act (1955)
- The Special Marriage Act (1954)
- The Divorce Act (1869)
- The Muslim Law
What is the process of getting a divorce in India as per Hindu Laws?
Divorce can be granted in two processes:
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
The Muslim Law
Muslim laws are governed by the holy book of the Quran. The personal laws of the Muslims, such as marriage, divorce, succession, etc., are derived from the religious holy book of the Quran, and therefore there is no specific legal enactment present for the same.
Conditions of a valid Muslim marriage
Muslim marriages are called ‘NIKAAH’. ‘NIKAAH’ is a contract therefore like any other contract there are certain conditions that need to be fulfilled in order to make it valid. The conditions are as follows:
- The bride and bridegroom must be clearly identified by name or description
- The bride and bridegroom or their agents must be physically present at the marriage
- The presence of ‘wali’ is a must. ’Wali’ is the person who does the contract on behalf of the wife.
- Dower must be paid to the bride by the bridegroom or his family
- There must be two male or one male and two female witnesses present at the marriage.
- The marriage must be announced. There must not be any secret.
Modes of divorce
A husband can divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which express the intention to disown the wife is sufficient. The wife can only divorce the husband if she has been delegated such rights by the husband in the agreement. After the Dissolution of Muslim Marriage Act 1939 has been passed, the wife has got various grounds under which she can divorce the husband.
The modes of divorce can be categorized as the following:
1. Extrajudicial divorce
- By husband- talaq, ila, and zihar
- By wife- talaaq-i-tafweez and lian
- By mutual- khula and Mubarak
2. Judicial divorce
Conditions of a Valid Talaaq
There are certain conditions which need to be fulfilled in order to declare a talaaq to be valid. The conditions are as follows:
- Capacity: the husband must be of sound mind, has attained the age of puberty and has the capacity to pronounce talaq
- Formalities: according to Sunni law, talaq must be either oral or expressed in a written document called talaqnama. According to Shia law, talaq must only be in oral form except where the husband cannot speak, or else it is void
- Free consent: except for Hanafi law, the consent of the husband must be free from compulsion, coercion, undue influence, fraud, or voluntary intoxication, or else it is void. Under Hanafi law, talaq pronounced under involuntary intoxication is void
- Express words: the word talaq must clearly indicate the intention of the husband to dissolve the marriage
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