Matrimonial Disputes – An Overview of Divorce by Mutual Consent in India



Karthikka KC, School of Law, Christ( Deemed to be University), Bangalore.



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ABSTRACT


Hindu marriage joins two people together so they can seek after dharma (obligation), artha (assets), kama (actual longings) and moksha (extreme profound delivery) together. In India, they are considered as a hallowed coalition where the lady and husband to be just as the two families join together. In like manner, this consecrated association is perceived in law in India. No human is awesome and subsequently issues happen when the two can't live respectively.


In that circumstance, a definitive outcome is separate. According to Old Hindu Law, separate was not considered as a finish to marriage as the idea of marriage was considered as holy. After the Hindu Marriage Act, 1955 came into power, Hindus can stop marriage by either getting an assertion that the marriage was not substantial on the particular grounds or by some other arrangement under the Hindu Marriage Act, 1955. Separation leaves a profound effect on the concerned gatherings and their families.


Following the interaction of separation, there comes different marital questions like authority of the kid, circulation of property, etc. To make the interaction of separation simpler as opposed to dragging out it, there is an idea of separation by common assent referenced in the Hindu Marriage Act, 1955 and Special Marriage Act, 1954 itself. In this paper, an endeavor has been made by the specialist to examine the idea of separation by shared assent and the methodology related therewith in detail with the assistance of different case laws. The discoveries show that divorce by mutual consent is the quickest, least expensive and simplest strategy for getting separated.


Keywords: Divorce, marriage, Hindu, matrimonial disputes, mutual consent, relationship, judicious separation.


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