Lead India

The concept of a fair trial is defined in Section 14, which states that advisory rather than prescriptive legal requirements may be deemed to have been followed provided there is a sufficient, rather than comprehensive, level of adherence to those legal standards. Though Section 14(1) of the Hindu Marriage Act contains a non-obstante clause at the beginning (a non-obstante clause is added to a provision to support its enforceability over another provision that conflicts with it), the provision to that subsection changes the nature of the law's provision so that it is "directory" rather than "mandatory." According to this Section, a court cannot consider a divorce petition before the couple has been together for a year. The Marriage Laws (Amendment) Act, 1976, decreased the waiting period from three years from the date of marriage to one year. Before that Act, no court could take a divorce petition into consideration. According to the Section, the court may take ...

The divorce procedure in India differs from religion to religion. The personal laws of various religions define the conditions under which divorce proceedings can be initiated. The various laws for divorce in India are: Indian Divorce Act, 1869: divorce procedure for christians Hindu Marriage Act, 1955, for hindus, jains, buddhists and sikhs Parsi Marriage and Divorce Act, 1936: divorce procedure for parsi couples Dissolution of Muslim Marriage Act, 1939, for muslim couples There is no specific ground that directly provides for divorce in case the spouse is charged with a criminal offense or is involved with any criminal activity; however, in such a case, divorce could be filed on the grounds provided under the various other grounds for divorce.  Grounds for divorce under various enactments Mentioned below are the grounds for divorce under The Indian Divorce Act, 1869- Adultery Conversion Cruelty The wife could file for divorce on the grounds of rape, sodomy and bestiality Presu...