Judicial Separation And Divorce

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Hindu Marriage Act of 1955 for the first time introduced a provision for divorce among the Hindus. These are on the grounds of – adultery, cruelty, desertion for a continuous period of two years, one of the party ceasing to be a Hindu by conversion, unsound mind, suffering from incurable leprosy, venereal diseases or by taking to religious order and renouncing the world or, if either party disappears for a period of seven years. These grounds can be urged by the suffering party in a court of law and justice obtained. This has enabled many a woman to find a way out of a bad marriage. Subsequent to the act being passed in 1955 an amendment was added for obtaining divorce by mutual consent. This was quite a godsend as now the couple can avoid contest on any issue.

Marriage after Divorce : After divorce either party can marry another person. In all cases, no petition can be filed in a court of law within one year of marriage.

1.The Hindu wife is entitled to be maintained by the husband during her lifetime.
2. She is entitled to live separately from her husband without giving up her claim to maintenance under certain under conditions.
3. She shall not be entitled to separate residence and maintenance if she converts or is proven unchaste. This is governed by the Hindu Maintenance Act of 1956. This is an absolute right given to the Hindu wife. In divorce proceedings the wife is entitled to claim interim relief before the court decides on permanent relief of maintenance. The Court will consider whether a wife is entitled to maintenance if her earnings are enough to maintain herself….http://www.sitagita.com/view.asp?id=1359

In any divorce proceedings under the Hindu Marriage Act the court has to decide on the maintenance, custody and education of the minor child. Custody of a child below five years is generally given to the mother. But in dealing with this, the court has the right to change, suspend or revoke its earlier orders. The child’s welfare is of primary consideration.

When there is dispute between husband and wife, the court makes provision with respect to the property which is gifted at or about the time of marriage, and belongs to both husband and wife.

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