Ved Legal is expertise team of Advocates in matter relating to Divorce and Domestic Violence, our team tries to resolve problems in couples which arise in their married life. Most of the divorce cases are from couples involved in love marriages. They marry at an early age and then file for divorce. Besides, criminal cases, like that of domestic violence can be avoided if settlement is made out of court. Many women, filing divorce are working women and if they try to reach to a conclusion through the court, they have to come there regularly. Now days, courts are overburdened.

Hence to avoid a time consuming process, settlement outside court is preferred. in a marriage there are fights and misunderstanding and Divorce is not the only solution as couple think so, the problems can be discussed and settled by way of conciliation between them, hence we have the approach to get the married couples together rather getting them apart.

Introduction

Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’.

Jurisdiction

  1. Civil matters

The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-

  • Matrimonial causes
  • Maintenance and alimony of spouses
  • Custody and guardianship of children
  • Settlement of spousal property
  1. Criminal matters

The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of Code of Criminal Procedure section 125 which is Order for maintenance of wives, children and parents.

Powers of Family Court

  1. The family court has the power to make their own procedure.
  2. They are not required to record the oral statement of the witness at length.
  3. The appeal from family courts lies directly to the High Court.
  4. The Family Court can receive any document or statement even if it is not admissible under Indian Evidence Act 1872.

 

Procedure to be followed by family court

  1. Section 9 provides that the family court should try to resolve the matter through conciliation and settlement.
  2. If there is possibility of settlement of dispute the court should adjourn the proceedings until such settlement is arrived at.
  3. The parties of the proceeding are not required to hire a legal practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
  4. In camera proceedings can be ordered if the parties desire. (In camera proceedings means that the public is not allowed to see the proceedings)
  5. Judgment should be concise with the statement of the case, determination of the decision and the reason for the decision.
  6. Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgment.
  7. The Court can take assistance of medical and welfare experts.

Appeal                                             

  1. Appeal from judgment or order of Family Court can be made to the High Court within 30 days of passing the order or the judgment.
  2. The appeal can be on both question of law and question of fact.
  3. The appeal should be heard by a High Court bench of two or more judges.
  4. No appeal lies against an order which is passed with the consent of the parties.

Steps to follow for registering a suit in a Family Court

  1. If a person wants to register a suit in the family court then he needs to describe all the details clearly on a watermarked paper and submitted along with the court fees.
  2. Along with the suit papers the petitioner should attach an affidavit that all the facts stated in the plaint is true.
  3. The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.
  4. These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.
  5. The applicant files the summons form and gets the next date for hearing.

 

Grounds for Dissolution of marriage by Husband or Wife

When can Husband file petition for divorce: – Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that the wife has, since the solemnization of marriage, his wife is guilty of adultery. Adultery is a matrimonial offence when there is sexual intercourse between married person and a person of the opposite sex i.e. a married male having sexual intercourse with a female who is not his wife.

When can Wife file petition for divorce: – Any Wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the grounds that, since the marriage has been solemnized, her husband is guilty of adultery, or has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman, or Bigamy which means performing second marring another person, or of rape, sodomy or bestiality which means that the husband is causing physical forcing for sexual intercourse without consent of his wife.

Divorce as per Hindu Marriage Act 1955 –

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-

  1.          i) Is living in adultery; or
  2.        ii) Has ceased to be a Hindu by conversion to another religion; or

iii) Has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

  1.        iv) Has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
  2.        v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
  3.        vi) Has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

viii) Has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

  1.        ix) Has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-

  1.      i) In the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition; or

  1.    ii) That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

 

Ved legal is Associated with expertise Advocates in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below are the grounds of divorce by which the Hindu Marriage can be dissolved.

Grounds for Dissolution of marriage by Husband or Wife

When can Husband file petition for divorce: – Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that the wife has, since the solemnization of marriage, his wife is guilty of adultery. Adultery is a matrimonial offence when there is sexual intercourse between married person and a person of the opposite sex i.e. a married male having sexual intercourse with a female who is not his wife.

When can Wife file petition for divorce: – Any Wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the grounds that, since the marriage has been solemnized, her husband is guilty of adultery, or has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman, or Bigamy which means performing second marring another person, or of rape, sodomy or bestiality which means that the husband is causing physical forcing for sexual intercourse without consent of his wife.

 

Divorce as per Hindu Marriage Act 1955 –

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-

  1. i) Is living in adultery; or
  2. ii) Has ceased to be a Hindu by conversion to another religion; or

iii) Has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

  1. iv) Has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
  2. v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
  3. vi) Has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

viii) Has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

  1. ix) Has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-

  1. i) In the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife