Procedure of Divorce Under Hindu Law
Hinduism upholds marriage as sacred and as a duty, with its main functions being procreation and carrying on the family name. Hindus believe marriage is a sacred covenant, a bond that cannot be broken for selfish reasons. Divorce is permitted only under special and extenuating circumstances.
Other People Are Reading
-
Approved Reasons for Divorce
-
The Hindu Marriage Act of 1955 states some acceptable reasons for Hindus to file for divorce. Either spouse can petition for divorce if the partner has been unfaithful sexually, abandoned the other partner for two or more years, or treats the other partner cruelly. Sicknesses such as leprosy, mental instability or communicable disease are also grounds for divorce. Women may petition for divorce if her husband has been guilty of rape or sodomy during the marriage. A woman can also end the marriage before she turns 18 if she married before age 15.
Conditions
-
No man or woman can petition for divorce before they have been married for one year. In the case of a mutual divorce, the couple must show that they have lived apart for one year and they cannot live together in peace. They both must make a motion to the court after the petition is filed. They must wait six months after the petition to motion, but no longer than 18 months.
-
Contents of a Petition
-
Petitions of divorce must state the reason or reasons for divorce. These reasons must approved under the Marriage Act of 1955. The petition must also state if the divorce is of mutual consent. The petition must be factual and the person petitioning, or another competent individual, must verify the facts.
Finalization
-
After the petition is filed, and a motion is made, the District Court can finalize the divorce. The proceedings must be held in the court of the jurisdiction where the marriage took place or where the parties reside. After divorce is finalized, a couple can remarry if nobody opposes the marriage. Divorce, although accepted under certain circumstances, is still regarded as sinful in the Hindu culture and life can be difficult for divorced people living in the culture.
-
References
Resources
- Photo Credit hindu temple image by Andre Reutens from Fotolia.com
