The Digital Sentinel: Privacy and Data Protection in India
The Digital Sentinel: Privacy and Data Protection in India
The Digital Sentinel: Privacy and Data Protection in India
Introduction
The Hindu society never viewed marriage as a sacrament between two individuals, and it lasts until death and can never be cancelled. This is a religious knot that cannot be undone once woven. It was the death of one partner of the marriage that Manu believed could only terminate the marriage. We all know that a marriage relationship is not formed just through rituals that are sacred; rather, it is made in light of understanding, trust, adaptation, tolerance, etc. In case the parties to marriage fail to develop a healthy attachment, a feeling of estrangement and violent behaviour emerge, resulting in the relationship becoming a pain and annihilating the meaning and holiness of marriage. To protect the parties and to preserve the sanctity of the marriage union, and to reduce cases of unhappy marriages, this kind of marriage must be broken. The notions of Divorce have been integrated into the laws.
Divorce
Divorce refers to the legal breaking up of a marriage, which marks the termination of a marital union between a man and a woman. Divorce is a concept that has been changing over time, influenced by legal, social and religious views of the various cultures. It is deemed as a solution that provides justice, dignity and autonomy of marriage. Different laws have accepted Divorce, such as the Hindu Marriage Act, 1955, which was the first to acknowledge Divorce in Hindus. British India accepted the Divorce Act, 1869, which is a divorce law giving Christians the opportunity to divorce.
Divorce is accepted based on several grounds and theories in the Hindu Marriage Act.
Theories of Divorce
The leading divorce theories are:
Fault Theory - The theory is founded on the assumption that divorce can only be granted when one party is at fault because of some reasons like adultery, desertion or cruelty, etc.
Mutual Consent Theory - It holds that divorce should be granted upon the parties' mutual agreement to end the marriage.
Irretrievable Breakdown Theory - This theory is based on the breakdown of the marriage, rather than on blaming either spouse.
Divorce under the Hindu Marriage Law, 1955
The dissolution of marriage is a provision of the Hindu Law in Section 13 of the Act. It provides grounds under which any of the spouses has the right to obtain a divorce and also certain exclusive rights for the wives. But in order to bring this section, there must be a valid marriage.
Judicial Separation or Restitution of the Conjugal Right/divorce [sec. 13(1A)].
Besides the above reasons, a spouse may divorce under this section on the basis that:
● The cohabitation has been resumed for at least 1 year, following the decree of judicial separation. [Sec.13(1A)(I)]
There will not have been any restoration of conjugal rights within a period of one year following the decree of restitution of conjugal rights. [Sec.13(1A)(ii)]
Hindu Wife Divorce: Section 13(2): These are the only grounds that a Hindu Wife can rely upon to get a Divorce.
This part gives some reasons for a Hindu wife, based on which a Malay could divorce. These grounds are as follows:
● Bigamy [sec.13(2) (i): in case the husband had married another woman before marrying the petitioner wife, or even if the first wife was alive during the second marriage, the petitioner wife may demand divorce.
● Convicted of Sexual Offences [sec.13 (2) (ii)], those who have been convicted of rape, sodomy or bestiality following the solemnization of marriage, the wife is entitled to a divorce.
● Non-resumption of living together after Maintenance Order [sec.13(2)(iii)]: In case a copy of a decree or maintenance order has been granted to the wife under:
▪ In section 18 of the Hindu Adoption and Maintenance Act,1956, or
▪ 144 BNSS, 2023, and although such an order has been made, the spouses have not resumed.
▪ The wife can apply to divorce if they have been living together for at least 1 year.
● Repudiation of Child Marriage [sec.13(2) (iv)], in case of a pre-18 years marriage, the wife can repudiate the marriage by reaching the age of 18 years and is entitled to demand a divorce.
Divorce by Mutual Consent
Mutual consent divorce enables a married couple to enter a marriage amicably without accusing one another. It adheres to the principle of no-fault that acknowledges the fact that not all marriages last because of irreconcilable differences. It falls under the jurisdiction of section 13 B of the Hindu Marriage Act, where the agreement of both the wife and husband is necessary to be divorced after staying apart for at least one year.
Process under Section 13B:
Mutual consent divorce takes two processes:
● First Motion (Filing the Petition): The two spouses jointly file a petition with the family court. They should have kept apart for at least 1 year, and should testify that they cannot cohabit, and they should agree to terminate the marriage.
● Second Motion (Final Decree of Divorce): There is a 6-month cooling-off period to change the mind of the first motion, and the second motion must be submitted between 6 and 18 months of the date when the first motion was made. In case the court feels that they cannot reconcile, a divorce decree is given.
Pendulum Relief in Divorce Proceedings
Section 13A gives the court the right to grant judicial separation and not a divorce based on the case. This area is like a compromise, where marital relations are not broken at a dead end when there is still a way to solve the problem.
Conclusion
To wrap up, divorce, according to the Hindu Marriage Act 1955, can be considered another important change in the concept of marriage in India, which is not supposed to be broken like an unbreakable sacrament but a social institution as well, with the focus on the dignity of the individual and his/her well-being. Although the law still believes in the importance of maintaining marriage, it also recognises the fact that making two wrong people stay together can be more disastrous than breaking them up. The Act will seek to balance tradition and compassion by offering certain reasons why people should divorce, protection against abuse, maintenance procedures and child welfare. In the end, the law of divorce is not meant to promote family breakdown but rather to provide a humane solution in situations where relationships cannot be salvaged, and so people should be allowed to progress with dignity, security, and a promising future.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Introduction
The Hindu society never viewed marriage as a sacrament between two individuals, and it lasts until death and can never be cancelled. This is a religious knot that cannot be undone once woven. It was the death of one partner of the marriage that Manu believed could only terminate the marriage. We all know that a marriage relationship is not formed just through rituals that are sacred; rather, it is made in light of understanding, trust, adaptation, tolerance, etc. In case the parties to marriage fail to develop a healthy attachment, a feeling of estrangement and violent behaviour emerge, resulting in the relationship becoming a pain and annihilating the meaning and holiness of marriage. To protect the parties and to preserve the sanctity of the marriage union, and to reduce cases of unhappy marriages, this kind of marriage must be broken. The notions of Divorce have been integrated into the laws.
Divorce
Divorce refers to the legal breaking up of a marriage, which marks the termination of a marital union between a man and a woman. Divorce is a concept that has been changing over time, influenced by legal, social and religious views of the various cultures. It is deemed as a solution that provides justice, dignity and autonomy of marriage. Different laws have accepted Divorce, such as the Hindu Marriage Act, 1955, which was the first to acknowledge Divorce in Hindus. British India accepted the Divorce Act, 1869, which is a divorce law giving Christians the opportunity to divorce.
Divorce is accepted based on several grounds and theories in the Hindu Marriage Act.
Theories of Divorce
The leading divorce theories are:
Fault Theory - The theory is founded on the assumption that divorce can only be granted when one party is at fault because of some reasons like adultery, desertion or cruelty, etc.
Mutual Consent Theory - It holds that divorce should be granted upon the parties' mutual agreement to end the marriage.
Irretrievable Breakdown Theory - This theory is based on the breakdown of the marriage, rather than on blaming either spouse.
Divorce under the Hindu Marriage Law, 1955
The dissolution of marriage is a provision of the Hindu Law in Section 13 of the Act. It provides grounds under which any of the spouses has the right to obtain a divorce and also certain exclusive rights for the wives. But in order to bring this section, there must be a valid marriage.
Judicial Separation or Restitution of the Conjugal Right/divorce [sec. 13(1A)].
Besides the above reasons, a spouse may divorce under this section on the basis that:
● The cohabitation has been resumed for at least 1 year, following the decree of judicial separation. [Sec.13(1A)(I)]
There will not have been any restoration of conjugal rights within a period of one year following the decree of restitution of conjugal rights. [Sec.13(1A)(ii)]
Hindu Wife Divorce: Section 13(2): These are the only grounds that a Hindu Wife can rely upon to get a Divorce.
This part gives some reasons for a Hindu wife, based on which a Malay could divorce. These grounds are as follows:
● Bigamy [sec.13(2) (i): in case the husband had married another woman before marrying the petitioner wife, or even if the first wife was alive during the second marriage, the petitioner wife may demand divorce.
● Convicted of Sexual Offences [sec.13 (2) (ii)], those who have been convicted of rape, sodomy or bestiality following the solemnization of marriage, the wife is entitled to a divorce.
● Non-resumption of living together after Maintenance Order [sec.13(2)(iii)]: In case a copy of a decree or maintenance order has been granted to the wife under:
▪ In section 18 of the Hindu Adoption and Maintenance Act,1956, or
▪ 144 BNSS, 2023, and although such an order has been made, the spouses have not resumed.
▪ The wife can apply to divorce if they have been living together for at least 1 year.
● Repudiation of Child Marriage [sec.13(2) (iv)], in case of a pre-18 years marriage, the wife can repudiate the marriage by reaching the age of 18 years and is entitled to demand a divorce.
Divorce by Mutual Consent
Mutual consent divorce enables a married couple to enter a marriage amicably without accusing one another. It adheres to the principle of no-fault that acknowledges the fact that not all marriages last because of irreconcilable differences. It falls under the jurisdiction of section 13 B of the Hindu Marriage Act, where the agreement of both the wife and husband is necessary to be divorced after staying apart for at least one year.
Process under Section 13B:
Mutual consent divorce takes two processes:
● First Motion (Filing the Petition): The two spouses jointly file a petition with the family court. They should have kept apart for at least 1 year, and should testify that they cannot cohabit, and they should agree to terminate the marriage.
● Second Motion (Final Decree of Divorce): There is a 6-month cooling-off period to change the mind of the first motion, and the second motion must be submitted between 6 and 18 months of the date when the first motion was made. In case the court feels that they cannot reconcile, a divorce decree is given.
Pendulum Relief in Divorce Proceedings
Section 13A gives the court the right to grant judicial separation and not a divorce based on the case. This area is like a compromise, where marital relations are not broken at a dead end when there is still a way to solve the problem.
Conclusion
To wrap up, divorce, according to the Hindu Marriage Act 1955, can be considered another important change in the concept of marriage in India, which is not supposed to be broken like an unbreakable sacrament but a social institution as well, with the focus on the dignity of the individual and his/her well-being. Although the law still believes in the importance of maintaining marriage, it also recognises the fact that making two wrong people stay together can be more disastrous than breaking them up. The Act will seek to balance tradition and compassion by offering certain reasons why people should divorce, protection against abuse, maintenance procedures and child welfare. In the end, the law of divorce is not meant to promote family breakdown but rather to provide a humane solution in situations where relationships cannot be salvaged, and so people should be allowed to progress with dignity, security, and a promising future.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Introduction
The Hindu society never viewed marriage as a sacrament between two individuals, and it lasts until death and can never be cancelled. This is a religious knot that cannot be undone once woven. It was the death of one partner of the marriage that Manu believed could only terminate the marriage. We all know that a marriage relationship is not formed just through rituals that are sacred; rather, it is made in light of understanding, trust, adaptation, tolerance, etc. In case the parties to marriage fail to develop a healthy attachment, a feeling of estrangement and violent behaviour emerge, resulting in the relationship becoming a pain and annihilating the meaning and holiness of marriage. To protect the parties and to preserve the sanctity of the marriage union, and to reduce cases of unhappy marriages, this kind of marriage must be broken. The notions of Divorce have been integrated into the laws.
Divorce
Divorce refers to the legal breaking up of a marriage, which marks the termination of a marital union between a man and a woman. Divorce is a concept that has been changing over time, influenced by legal, social and religious views of the various cultures. It is deemed as a solution that provides justice, dignity and autonomy of marriage. Different laws have accepted Divorce, such as the Hindu Marriage Act, 1955, which was the first to acknowledge Divorce in Hindus. British India accepted the Divorce Act, 1869, which is a divorce law giving Christians the opportunity to divorce.
Divorce is accepted based on several grounds and theories in the Hindu Marriage Act.
Theories of Divorce
The leading divorce theories are:
Fault Theory - The theory is founded on the assumption that divorce can only be granted when one party is at fault because of some reasons like adultery, desertion or cruelty, etc.
Mutual Consent Theory - It holds that divorce should be granted upon the parties' mutual agreement to end the marriage.
Irretrievable Breakdown Theory - This theory is based on the breakdown of the marriage, rather than on blaming either spouse.
Divorce under the Hindu Marriage Law, 1955
The dissolution of marriage is a provision of the Hindu Law in Section 13 of the Act. It provides grounds under which any of the spouses has the right to obtain a divorce and also certain exclusive rights for the wives. But in order to bring this section, there must be a valid marriage.
Judicial Separation or Restitution of the Conjugal Right/divorce [sec. 13(1A)].
Besides the above reasons, a spouse may divorce under this section on the basis that:
● The cohabitation has been resumed for at least 1 year, following the decree of judicial separation. [Sec.13(1A)(I)]
There will not have been any restoration of conjugal rights within a period of one year following the decree of restitution of conjugal rights. [Sec.13(1A)(ii)]
Hindu Wife Divorce: Section 13(2): These are the only grounds that a Hindu Wife can rely upon to get a Divorce.
This part gives some reasons for a Hindu wife, based on which a Malay could divorce. These grounds are as follows:
● Bigamy [sec.13(2) (i): in case the husband had married another woman before marrying the petitioner wife, or even if the first wife was alive during the second marriage, the petitioner wife may demand divorce.
● Convicted of Sexual Offences [sec.13 (2) (ii)], those who have been convicted of rape, sodomy or bestiality following the solemnization of marriage, the wife is entitled to a divorce.
● Non-resumption of living together after Maintenance Order [sec.13(2)(iii)]: In case a copy of a decree or maintenance order has been granted to the wife under:
▪ In section 18 of the Hindu Adoption and Maintenance Act,1956, or
▪ 144 BNSS, 2023, and although such an order has been made, the spouses have not resumed.
▪ The wife can apply to divorce if they have been living together for at least 1 year.
● Repudiation of Child Marriage [sec.13(2) (iv)], in case of a pre-18 years marriage, the wife can repudiate the marriage by reaching the age of 18 years and is entitled to demand a divorce.
Divorce by Mutual Consent
Mutual consent divorce enables a married couple to enter a marriage amicably without accusing one another. It adheres to the principle of no-fault that acknowledges the fact that not all marriages last because of irreconcilable differences. It falls under the jurisdiction of section 13 B of the Hindu Marriage Act, where the agreement of both the wife and husband is necessary to be divorced after staying apart for at least one year.
Process under Section 13B:
Mutual consent divorce takes two processes:
● First Motion (Filing the Petition): The two spouses jointly file a petition with the family court. They should have kept apart for at least 1 year, and should testify that they cannot cohabit, and they should agree to terminate the marriage.
● Second Motion (Final Decree of Divorce): There is a 6-month cooling-off period to change the mind of the first motion, and the second motion must be submitted between 6 and 18 months of the date when the first motion was made. In case the court feels that they cannot reconcile, a divorce decree is given.
Pendulum Relief in Divorce Proceedings
Section 13A gives the court the right to grant judicial separation and not a divorce based on the case. This area is like a compromise, where marital relations are not broken at a dead end when there is still a way to solve the problem.
Conclusion
To wrap up, divorce, according to the Hindu Marriage Act 1955, can be considered another important change in the concept of marriage in India, which is not supposed to be broken like an unbreakable sacrament but a social institution as well, with the focus on the dignity of the individual and his/her well-being. Although the law still believes in the importance of maintaining marriage, it also recognises the fact that making two wrong people stay together can be more disastrous than breaking them up. The Act will seek to balance tradition and compassion by offering certain reasons why people should divorce, protection against abuse, maintenance procedures and child welfare. In the end, the law of divorce is not meant to promote family breakdown but rather to provide a humane solution in situations where relationships cannot be salvaged, and so people should be allowed to progress with dignity, security, and a promising future.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.