The traditional marriages has long been an important part of the Indian culture. In early days, marrying in the cast was very important. Earlier in the mid 90s or early 90s, there were no solutions to solve a broken marriage but rather just to endure it in the name of ‘responsibilities.
Idea behind Judicial Separation under Hindu Marriage Act, 1955
In India, the courts of law never really impel divorce on the parties the very first time they approach the court. As marriage is taken to be the purest union and a sacramental relationship, and to easily dissolute the same the courts of India have created the concept of judicial separation that gives both the sides to a weary marriage some time for introspection, so that the dissolution of marriage by means of divorce may be prevented. Section 10 of the Hindu Marriage Act, 1955 deals with Judicial Separation.
The abnormal divorce theory, in addition to the reasons for divorce under this law, also specifies criminality, mutual consent, and separation, as well as other abnormal divorce theories, in which adultery and cruelty are the future. And how these justifications have shifted as a result of these shifts. It investigates why women are the only ones who can gain the privilege to use.
Approach to file a suit for judicial separation/divorce
According to Order VII and Rule 1 of the Civil Procedure Code, there are three key parts of a petition for judicial separation or divorce. They are as follows:
- Date and place of marriage
- Affidavit of being a Hindu by both the person to the petition.
- Name, Status and Resident of both wife and husband.
In case of cases where adultery has been committed, the party apart from the adultery must provide photographs of facts that the individual has some extramarital affair. The grounds for the judicial separation or divorce as per the Hindu Marriage Act, 1955 are adultery, cruelty, desertion, conversion, insanity, leprosy, venereal disease, renunciation, the presumption of death, and mutual consent.
Final Thoughts
Marriage is regarded as a sacred connection among Hindus. Until the Hindu Marriage Act of 1955, there was no provision for divorce. The term “divorce” was too radical for Indian society at the time. Women were the silent victims of such a patriarchal system. Things changed as circumstances changed, and the social order moved.
The social order of things had transformed. You will now file for divorce in a court of law to end an undesirable relationship. Women benefit more because they are no longer constrained to remain silent owing to their spouses’ violence or injustice.Despite this, the judiciary’s approach to the irreversible break-up of a marriage is feared to entirely maintain the marriage.
Despite this, the judiciary’s approach to dealing with irreversible marital dissolution is thought to entirely maintain the marriage framework. Each principle has both positive and negative aspects. Their applicability varies depending on the circumstances. It’s also critical that our country’s legislators approach the matter with caution, based on a thorough examination of the long-term repercussions.