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Divorce for Hindu Marriages

    Home Topics Divorce for Hindu Marriages
    In India, Hindus can choose to have their marriage governed by Hindu religious laws or a law known as Special Marriage Act, 1954. If you have been married under Hindu law then your divorce will also be governed by the same law. You can divorce your spouse only based on the reasons specified in the law. It is harder to seek a divorce simply only on the grounds that you no longer wish to remain married without it matching any reasons recognized by the law. However, it is possible to get a divorce if you and your spouse mutually consent to it. Divorce can take place if the husband or wife brings a petition to the Court based on the recognized reasons.

    Ending a Marriage under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    The law on marriage recognizes emotional and marital needs and include many legal obligations such as owning property, taking care of your children etc. When you end your marriage, the marital relatio
    Read more

    Filing for Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final.If there has been a valid marriage you can file for a divorce. However,
    Read more

    One Spouse Wants a Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to th
    Read more

    Divorce by Mutual Consent under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    If neither you or your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.You and your spouse can go to Court if:Both of you have been living separately
    Read more

    Where Can You File a Divorce for a Hindu Marriage

    By Malavika Rajkumar | 0 comment
    Both you and your spouse can file a case to the Family Court. There are separate courts known as family courts which deal with divorce cases. You can approach a family court in the following areas:You
    Read more

    Cruel Behaviour and Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
     Cruel Behaviour is a ground of divorce under Hindu Marriage Law. Cruelty is behaviour or conduct which causes harassment to you. Cruelty may be in two forms:Physical If your spouse physically hurts y
    Read more

    Cheating by Spouse and Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    You can file for a divorce if your spouse has cheated on you, i.e. when they have had voluntary sexual intercourse with another person. This is also referred to as adultery.To get a divorce, you will
    Read more

    Hindu Divorce if Spouse has Left You

    By Malavika Rajkumar | 0 comment
    If your spouse has left you then you can file for a divorce. This is known as desertion.Immediate Effect of DesertionDesertion can happen if your spouse has left you with immediate effect with an inte
    Read more

    Hindu Marriage and Mental Illness

    By Malavika Rajkumar | 0 comment
    If you are in Hindu marriage, mental illness of your spouse can be a ground for divorce.You can file for divorce if:Your spouse is suffering from any mental disorder that is not curable; orYour spouse
    Read more

    Conversion of Religion from Hinduism

    By Malavika Rajkumar | 0 comment
    ConversionYou can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu.File a CaseIt is very important to note that since your spouse has converted
    Read more

    Reconciliation during Divorce Proceedings under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    In all family law cases, Courts encourage and attempt for reconciliation between the spouses.Consequence of ReconciliationAfter reconciliation happens, either:You and your spouse can get back together
    Read more

    Proof of Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order, which is a document that enforces your divorce.A decree of divorce is
    Read more

    Re-Marriage after Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    If you want to remarry, you have to wait for 90 days from the date of the Court’s final order, so that your spouse has time to ‘appeal’ against the Court’s decision.Under the law, you can remarry righ
    Read more

    Maintenance or Alimony in Hindu Marriages

    By Malavika Rajkumar | 0 comment
    You can get a specific amount of money based on a Court order from your spouse. This can happen only if you do not have any sufficient means of income to sustain yourself or your children. This amount
    Read more

    Temporary Separation in Hindu Marriages

    By Malavika Rajkumar | 0 comment
    Apart from divorce, which has a certain finality to it, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.Through this measure, the Court
    Read more

    When Can You File for a Hindu Divorce

    By Nyaaya | 0 comment
    You can only file a divorce case if you have a reason recognized by Hindu law. These reasons can vary from ill-treatment by your spouse to your spouse suffering from a mental disorder.In India, the la
    Read more
    Filter:AllOpenResolvedClosedUnanswered
    Can you file a dowry case after you have been divorced under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    183 views1 answers0 votes
    My wife is a qualified dentist but isn’t currently working. Can the Court still order me to pay her temporary maintenance for the course of the divorce proceedings under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    225 views1 answers0 votes
    What is my marital status if my husband dies during the divorce proceeding under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    300 views1 answers0 votes
    Do Hindus have a separate law for divorce or is it the same as all religions?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    193 views1 answers0 votes
    Can the act of cruelty be an isolated incident under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    211 views1 answers0 votes
    What are some examples of cruel behaviour that Courts have looked at under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    168 views1 answers0 votes
    If my husband did not intend to behave in a cruel manner with me, can I still go to Court to file a case of cruelty under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    219 views1 answers0 votes
    Can a husband file for maintenance against the wife under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    219 views1 answers0 votes
    What will happen to my children after divorce under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    216 views1 answers0 votes
    Can I file for a divorce simply because my marriage is not working out under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    222 views1 answers0 votes
    When I ask the Court for maintenance for me and my child, can I ask for something else apart from money under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    206 views1 answers0 votes
    My husband keeps coming to my office and harassing me at work in front of my employer. Can I file for a divorce under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    230 views1 answers0 votes
    What will the Court take into consideration while finally deciding a divorce case for Hindu marriage?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    210 views1 answers0 votes
    I cheated on my spouse, will I go to jail under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    218 views1 answers0 votes
    I moved to Australia for a job assignment in January 2016, but my wife chose to stay in India. We both discussed this arrangement and consented to it. Now she is filing for divorce claiming that I deserted her, but my intention was never to do so. Can I object to the divorce? Is her reason a valid one in Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    183 views1 answers0 votes
    What is the difference between mediation and conciliation?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    186 views1 answers0 votes
    Will the mediator tell the Court or the lawyers about what I said during the mediation?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    201 views1 answers0 votes
    If my husband suffers from leprosy, can I divorce him under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    200 views1 answers0 votes
    My husband converted to Islam from Hinduism. Can I file a divorce case against him? If yes, what law will apply, Hindu Law or Muslim Law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    210 views1 answers0 votes
    Are Hindu divorce proceedings held in private?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    215 views1 answers0 votes
    Do Courts use video conferencing during a Hindu divorce case?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    188 views1 answers0 votes
    Which Court do you approach to file your case for Hindu divorce?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    204 views1 answers0 votes
    What does marital relationship under Hindu law mean? How does Hindu law understand a marital relationship?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    240 views1 answers0 votes
    What do Courts consider as a ‘valid Hindu marriage’ before granting a divorce?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    196 views1 answers0 votes
    Are there any reasons for Hindu divorce that are solely available to women?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    187 views1 answers0 votes
    My husband has filed for divorce on the grounds that I have deserted him. However, the truth is that I was forced to leave and go to my parents house because he was physically abusing me. What can I do under Hindu law?
    ResolvedAdrija JayanthyAdrija Jayanthy answered 1 year ago • Divorce for Hindu Marriages
    204 views1 answers0 votes
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    • Explainers
      • Constitution
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      • Discrimination
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        • Manual Scavenging
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        • Adoption
        • Care for Parents and Elderly
        • Child Marriage
        • Domestic Violence
      • Government and Politics
        • 48 Hours Before Elections
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        • Drugs and Narcotics
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      • Marriage and Divorce
        • Annulment of marriage
        • Divorce for Muslim Marriages
        • Divorce for Hindu Marriages
        • Dowry
        • Hindu Marriage
        • Inter-Religious Marriages
        • Muslim Marriage
      • Media and Communication
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