The regulation of Divorce laws is specifically done by the center so that none of the community remains deprived of justice. Usually, divorce laws are made to encourage the fair settlement and cohabitation between the couple seeking divorce. The government makes continuous amendment in the laws of marriage and divorce so that the process can be eased out.
Let’s uncover the top 5 recent changes occurred in the divorce law:
The six month waiting period has been waived off:
The Supreme Court has announced to dissolve the six months waiting period and this a brought relief to the couple who wants end their marriage but cannot wait for six months as there is no scope of cohabitation or settlement left. The Section- 13B (2) is not mandatory now thus speeding up the process of divorce if the couple settles down the important aspects of divorce such as alimony, child custody or any pending issues between the couple. Apex court has said, “If there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”
Governing law provisions are now modified:
Section 24 of the Hindu Marriage Act determines the entitlement of one spouse to get paid for the legal proceedings.
Section 25 of the HMA is aimed to direct either party to provide maintenance, in the form of a monthly payment or entire sum at a time.
The other sections that regulate the maintenance and alimony are Section 18 and section 19 of the Hindu Adoption and Maintenance Act which was modified in 2015. Another determining section are 125 of the Code of Criminal Procedure.
The Triple Talaq has been discontinued:
Supreme Court has invalidated the Triple Talaq concept. As per the Apex court, Triple Talaq is against the fundamental rights of Muslim women, who are abandoned by their husband with an oral practice without any prior intimation. This instant dissolution of marriage is now discontinued and it has become the duty of the center to regulate the Muslim divorce laws in India.
Modifications on Christian Divorce Laws:
It is one of the important step taken by the Supreme Court divorce granted by the church would not be considered as legal practice. So, the ecclesiastical tribunal is longer applicable in India, as it is governed by no legal authority but by the Canon Law which is the personal law of the Catholic community. The new rule states that every Christian couple now need to file the divorce in civil court and the divorce declared by the tribunal authority would be valid.
Amendments in Marriage Law Act, 2013
The law has expanded the scope of maintenance in the case of “Irretrievable breakdown of marriage”. The wife can claim a share in the non-movable property of the husband. But this act is only beneficial in the cases ‘irretrievable breakdown of marriage’ and no other case of divorce.
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