In Indian society,
divorce is a label that is neither favored nor enthusiastically accepted. Hindu
mythology regards marriage as a sacred institution with enormous societal
significance. However, this institution has changed along with cultural and
social advancement, and it is undeniable that marriage is no longer solely
"reciprocal possession" anymore. Many times, marriages fail without
any fault on the part of either spouse or end in divorce as a result of
outgrown love or disharmony between the pair.
In addition to the
passing of at least a year from the date of marriage, formalities pertaining to
the amount of maintenance/alimony, custody of the children, and the
distribution of assets owned jointly by the couple must be agreed upon. When a
divorce petition is filed, the divorcing spouses are given a "Cooling-Off
Period" of six months to consider their options.
Cooling-off period:
Married couples who
agree to divorce one another must submit a petition with the court through a
divorce attorney, in accordance with Section 13-B of the Hindu Marriage Act of
1955. To be deemed a Consensual Divorce, both parties must consent to a peaceful
divorce. Mutual consent is an easy legal way to end a marriage. In order to
consider settlement and cohabitation options, there must be a cooling-off
period of six months between the first and the last motion for divorce by
consent, as per The Hindu Marriage Act of 1955, Section 13-B (2). The legal
term for the duration is the "cooling period." It goes without saying
that an agreed-upon divorce fee is desired. Consensual, uncontested divorces
are typically the cheapest option to dissolve a marriage. However, the minor
effort of cooling off time is actually the crucial latitude in a peaceful
divorce.
Case Laws:
The High Court of
Rajasthan addressed this issue in the case of Suman v. Surendra Kumar for the
purposes of the interregnum period, which is meant to provide the partner some
time and space to consider their next move. During this interim period, one of
the partners or both of them may change their minds about ending the marriage.
The case of Smt.
Sureshta Devi v. Om Prakash is another important decision. The Supreme Court of
India was asked in this case whether one of the partners has the right to
cancel their assent to the petition filed under Section 13B of the Act at any
time prior to the signing of a divorce decree. The Supreme Court took note of
the several High Courts' differing perspectives. According to the Bombay High
Court, Delhi High Court, and Madhya Pradesh High Court, the first time a
petition for divorce was filed was the crucial moment for consent under Section
13B of the Act, and if consent was freely given, no party could revoke the
consent.
The Kerala High
Court, Punjab and Haryana High Court, and Rajasthan High Court, on the other
hand, ruled that any partner has the right to withdraw the consent granted to
the petition at any time before the court issues a divorce judgment. The
Supreme Court adopted the opinions of the High Courts of Kerala, Punjab &
Haryana, and Rajasthan on the definition of Section 13B(2) of the Act after
reading Section 13B(2) of the Act and weighing the conflicting views held by
the several High Courts.
In cases of divorce,
it is advisable to appoint a lawyer. If the couple lives in Hyderabad then Divorce Lawyers in
Hyderabad can be appointed. If the couple lives in Mumbai then Divorce Lawyers in
Mumbai can be appointed. Likewise, Divorce
Lawyers in Banglore can be appointed if the couple lives in
Bangalore.
It has been abundantly
evident as we have examined the stages of proceedings and reasons for a
contested divorce that they are essentially the same for spouses who are
subject to different religious traditions and their own marriage laws. However,
some grounds are only covered by a few Acts and are not covered by other laws.
The possibility of reconciliation must be taken into consideration by the
parties in light of the protracted nature of the legal process and its
procedural shortcomings. Before filing for divorce, the parties must carefully
consider their personal futures as well as the futures of any children they may
have. Making this decision will set off a series of unfortunate circumstances.
However, if the underlying reason is extremely serious, the parties may file
for divorce right away.
Lead India provides a
wide range of expertise and legal services. You can ask a legal question about
cooling off periods here. To get the best advice, speak with a lawyer. Our
legal team understands the law and can assist you in making informed decisions.
Our legal team also offers free legal advice online.
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Divorce
Lawyers in Banglore, Divorce Lawyers in
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