Our divorce lawyer can help you with the division of assets and obligations among spouses. If there are children involved, a divorce lawyer can set the terms for child possession and child support. For legal separations, our divorce lawyer carries out the separation through court orders. While divorce is an emotional process, our divorce lawyer can help make it less so. He or she can discuss with you factors that will influence your future, such as authorization and custody issues, so that you are less concentrating on the expiration of your Marriage.
Divorce and Talak Under IPC
In the Hindu Marriage Act, there are few provisions given for considering a legal divorce, i.e. when the spouse can get a divorce or plea for dissolution of Marriage in the court of law. For the interest of society, the Marriage or the marital relationship requires to be surrounded by every safeguard for the cause prescribed by law. Divorce is authorized only for a serious reason; otherwise, given other alternatives. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses Section 13(1) can address the court of law and seek the remedy of divorce. Section 13(2) gives the grounds on which only the wife can approach the court of law and seek the remedy of divorce.
The only important condition for divorce under Muslim Law is Marriage between two parties. There are various forms and ways through which Marriage can be dissolved under Muslim Law, which are following:
- Divorce by Husband:
There are four ways a husband can give divorce.
This form of divorce is based on Muslim Personal Laws. It is subdivided into the following categories:
It is also recognized as triple talaq; after uttering talaq three times, it becomes irrevocable instantly.
This form of divorce is only known under Sunni Law and not by Shias and Malikis.
It is a kind of divorce under which the husband has the power to utter that he would not indulge in sexual interaction with his wife. After this pronouncement, the wife is expected to observe iddah. If the husband cohabits with the wife during this period, then the Ila is repealed. Once the period of iddat is over, divorce becomes irrevocable. This type of divorce is not practised in India.
In this kind of divorce, the husband relates his wife with a woman who comes under a degree of restricted relationships, such as his mother, sister etc., and pronounces that she is like his mother or sister. For doing this, the husband must be of sound mind and above the age of eighteen years. The wife has the right to attempt judicial remedies such as compensation of marital rights, cohabitation etc., but cannot seek judicial divorce. Husband can invalidate such divorce by dedicating two months fast, feeding sixty people and freeing a slave. This kind of divorce is no longer in practice.
- Divorce by wife
It is also recognized as delegated divorce. The husband has the authority to delegate such power to the wife. He must be of sound mind and above 18 years of age. This kind of talaq is also called an agreement, which may be attained between the parties before or after Marriage. If the terms of an agreement are not fulfilled, the wife can plead for a divorce. It is the only way through which a woman can ask for a divorce. The right of the husband to divorce his wife remains unchanged. It does not compel the husband of his right to utter the divorce.
- Divorce by mutual consent
It means laying down, where the husband lays down the authority over his wife. This is done through joint approval between husband and wife, where the wife pays the consideration from her property to the husband for her release. The wife releases Mehr and other rights for the benefit of her husband. Thus, divorce is acquired from husband by wife.
It means ‘release.’ it discharges parties from marital rights. Divorce is with joint consent among parties to become free from one another. Its practices are the same as Khula, where there is an offer from one party and approval from another.