What is the no-fault divorce law?

Introduction

In India, divorce is still considered a taboo, and getting a divorce is not an easy decision for any couple. The legal procedure for divorce can be lengthy and time-consuming. However, in recent years, the Indian legal system has made several amendments to make the process more straightforward and less complicated. One such amendment is the introduction of the “no-fault” divorce law.

What is no-fault divorce law?

Under the no-fault divorce law, a spouse can seek a divorce without having to prove any fault on the part of the other spouse. In simple terms, the no-fault divorce law means that a couple can get a divorce without any blame or fault finding. The divorce can be granted if the couple agrees that their marriage has broken down irretrievably.

What are the grounds for no-fault divorce in India?

In India, the no-fault divorce law is governed by Section 13-B of the Hindu Marriage Act, 1955. According to this section, a couple can apply for a divorce by mutual consent if they have been living separately for a period of one year or more, and they have decided to end their marriage due to irreconcilable differences. The couple must jointly apply for a divorce and must state that they have been living separately for at least one year and have not been able to reconcile.

What are the benefits of the no-fault divorce law?

The no-fault divorce law has several benefits, some of which are:

• It reduces the need to prove fault and avoids blaming one party for the breakdown of the marriage, which can be emotionally distressing for both parties.
• It saves time and reduces the cost of divorce proceedings.
• It promotes amicable and peaceful separation and reduces the bitterness and acrimony that often arise in contested divorce cases.
• It allows couples to move on with their lives quickly and start afresh.

Conclusion

The no-fault divorce law is a significant step towards making the divorce process more straightforward and less acrimonious in India. It enables couples to part ways without having to prove any fault, and it promotes amicable separation. If you are considering a divorce and want to know more about the no-fault divorce law, it is recommended that you consult an experienced family court lawyer. The Rajendra Family Court Law Firm has a team of senior attorneys who can provide you with the legal guidance and support you need.