India Divorce Questions

East Asian divorce rates have risen.ring image by Jens Klingebiel from Fotolia.com

Since time immemorial, East Asians have considered marriage a sacred union. Divorce rates may be soaring now, but this was not so two decades or so ago. Considering the size of the East Asian democracy and multi-cultural groups that reside within it, divorce laws can get a little complicated. There are certain grounds for divorce such as dowry harassment that are unique to the East Asian culture. There are however, certain frequently asked questions that arise.

What is The Procedure for Obtaining a Divorce?

India is a country made up of a number of religions; hence, divorce laws are under different categorizations. The six acts that outline the various factors under which you can file for divorce are The Hindu Marriage Act of 1955, The Parsi Marriage and Divorce Act, 1936, The dissolution of Muslim Marriage Act, 1939, The Special Marriage Act, 1956, and The Foreign Marriage Act, 1969. There have also been several other laws passed to update these existing acts and ensure that justice prevails in all cases. Despite this, there is also the option for divorce through mutual consent. All lawyers, after intensive counseling would recommend that a couple opt for this. After filing for a divorce under any of the acts, the waiting period for the divorce decree can be up to a year or more.

Each of the acts pertaining to specific religions has its own dictates on what constitutes grounds for applying for divorce. However, in all of them, certain grounds remain the same. Common grounds for divorce include one of the partners being adulterous or one of them converting to another religion. Illness can also be a ground for divorce if one of the partners suffers from some sort of venereal disease or turns out to be of unsound mind. The periods related to these illnesses can differ. Disappearing for more than 7 years is also grounds, as is nonconsummation of the marriage or preventing conjugal rights. Mental and physical harassment also form grounds.

It is common for East Asian men or women to marry East Asians or other individuals that have foreign citizenship. The idea behind such alliances is often a better lifestyle. However, there are an increasing number of divorces or separations occurring in such marriages. There are hardly any laws in India that protect an East Asian citizen who is married to a foreigner. The result is that foreign courts grant a number of these divorces and the India based partner is unable to do anything about it. Divorces in such alliances work with marriages conducted under the Hindu Marriage Act of 1955.