Summary: Why is it easy to get married but harder to stay together? Why is it so difficult to get a divorce in India? The “forever” lookout is a mutual subject of conversation and planning when someone gets married. When time passes and things don’t work out, it takes effort for both couples to resolve the situation.
Divorce seems to be the only option if that fails for any reason. But divorcing someone is not at all simple. In this article, we will explain ‘how difficult it is to get divorced in India?’ and also mention some easy tricks to get divorced in India.
Why Is It So Difficult to Get a Divorce in India?
There are two types of divorce under the Indian law: contentious and mutual. The husband and wife must both favor the divorce and their separation. However, a one-sided divorce results if one of them is unwilling to stop the marriage while the other insists on doing the same. Contested divorce is just another ruse, while mutual divorce is intended by law to give couples time to reconsider their choice and explore getting back together before receiving/getting a divorce. The party filing for divorce must persuade the courts of one of the main grounds specified in the statutes, demonstrating to them why the marriage cannot last.
In this case, under the Hindu Marriage Act, a Hindu husband whose partner had an extramarital affair and was living in adultery with someone must give proof of this to appeal for divorce. Also, sexual relationships, such as sexual affairs, are private relationships, and providing documentation of them can be hard. The major issue for the unfaithful spouse is proving it in court. This also holds rights to other estates for divorce and separation.
Read Also: Role of Lawyers in Reporting Domestic Violence in India
Struggle in Divorce for Men vs Women
Both the husband and the wife face various challenges or issues since they perform different roles in their homes and are handled separately by the law. Thus, taking a gender perspective, we are looking at the issue of why divorce is so complicated in India.
Women
Women are more sensitive and emotional. They face many complex difficulties during the divorce process, such as possible financial insolvency and a possibly lonely future. If a married couple has children, they are more likely than men to ask for and receive custody. It can be difficult to raise a child alone. therefore. These societal elements needed to be taken into consideration.
Men
When a woman and man get married, the husband is typically the stronger spouse, while the wife is always seen as the weaker one and the victim. But two men cannot be same, so why do we look at divorce through a gender-stereotyped lens? The fact is that, for men, the misapplication of Section 498A of IPC complicates matters legally for their families and makes it harder for them to secure a divorce in India. Men do not talk about it much, but they certainly feel hurt when their marriage ends.
Read Also: How to Apply for Mutual Divorce?
What Are the Easiest and Fastest Ways to Get a Divorce in India?
In India, getting a divorce can be a difficult and drawn-out procedure, but based on their unique situation, people might look at some options for a divorce that are comparatively simpler and speedier.
The easiest way to get a divorce in India is by filing a mutual consent divorce petition in the family court.
In the past, every divorce case had to go through a six-month cooling-off period. Recently, the Hon’ble Supreme Court of India ruled that mutual consent divorce petitions do not need to wait the whole six months. Following the filing of the petition and after the court’s acceptance/approval of the joint petitioners’ (husband and wife), the divorce decree is granted.
Of course, the husband and wife must file and verify in person the consent terms and conditions for divorce if the mutual consent petition for divorce is filed following an out-of-court settlement.
Answers to Some Common Questions
Q1. How difficult is an approved divorce in India?
When it is not a mutual divorce, it is not easy to get a divorce in any country. However, when it comes to India, the concept of a sacrament and a sacred union makes it a bit complex to get a divorce. The idea of the courts is not to grant a divorce on one of the grounds of divorce unless things are impossible. That’s why getting separated in India is considered challenging.
Q2. What are the difficulties of a contested separation?
A one-sided divorce requires compliance with one of the particular reasons for bringing legal action. The main task in a contentious divorce is to demonstrate a multifaceted marriage to an individual who has no prior knowledge of the married couple and is just wondering about what the marriage may contain and whether or not it would be puzzling.
People may find severe violence painful, yet others may find frequent taunting tolerable. It is usually the many incidents—especially in cases linking brutality—that prompt a person to file for divorce; however, a judge may not find sufficient proof in 10 out of hundreds of stated examples, and the case may not be successful.
Q3. Can I file a divorce online in India?
No, divorce cannot yet be filed online in India. Paperwork and petition must be submitted to the relevant court.
Q4. Can I get a divorce without my spouse’s approval?
A divorce can be obtained without the consent of your wife, but the circumstances of the divorce must be documented by the specific religious laws of your faith. In these kinds of circumstances, the parties will each have their case heard by the court. Considering the proofs and arguments put forward, the court will render a decision.
