DIVORCE LAW

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and it should be ensured that one of the spouses should not be enriched at the cost of the other. As far as the issue of division of property is concerned, the same is primarily decided on the facts of each case and for this principles of equity are used. This is required because our law is not clear on the concept of common matrimonial property. It is deemed that a property in India belongs to the person in whose name it is bought, even if it has been acquired during the course of marriage. Hence, even if a wife pays for some property and it is in the name of her husband, there is no way to prove during divorce proceedings that it rightfully belongs to her unless the wife produces evidence that she had paid for the said property. A settlement is often entered in to the divorces by mutual consent and it settles all the conditions between the parties that will govern them at the time of the divorce and thereafter. Both the parties are bound by the these terms and conditions and there are less changes of backing out and in case one party to the agreement backs out then the other party can get the agreement enforced by the Court of law. Judicial Separation: An alternative to divorce Separation, instead of divorce, is an option that can be pursued by a married couple when their marriage is falling apart. Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The reason for the presence of such a provision under Hindu Marriage Act is the anxiety of the legislature that the tensions and wear Divorce Law – An Overview
and tear of everyday life and the strain of living together do not result in abrupt break up of a marital relationship. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse. Judicial separation is different from a divorce. Being Judicially separated means spouses can live apart while retaining their marital status. The same issues addressed in a divorce are also addressed in a Judicial separation. It is important to arrive at a separation agreement one can live with long term. The main difference between separation and divorce is that divorce ends the marriage. Spouses return to an unmarried status and are thus are allowed to remarry. Separation lets couples keep their married status while acknowledging that they are no longer living together. A legal separation allows some cool-off time for a troubled couple and gives them a chance to reconcile their relationship, and if things work out well between the couple later, the legal separation can be ended and the couple can continue their marriage. What is Condonation: Divorce Law – An Overview
Page 1 and 2: DIVORCE LAW AN OVERVIEW Divorce Law
Page 3 and 4: Index What is Divorce? What are the
Page 5 and 6: dissolution of marriage and is basi
Page 7 and 8: Sexual impotency or inability to pe
Page 9 and 10: Also see Chetan Dass v. Kamla Devi
Page 11 and 12: “...the section does not provide
Page 13 and 14: fast rule about it since the decisi
Page 15 and 16: Mental cruelty in Section 13(l)(ia)
Page 17 and 18: other than a Hindu religion does no
Page 19 and 20: Swarajya Lakshmi V. G.C. Padma Rao
Page 21: ‣ A girl is entitled to file for
Page 25 and 26: The recent trend is to eliminate de
Page 27 and 28: Divorce Law - An Overview

DIVORCE LAW

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