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Divorce Law in India

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Relationships have become a burden for people today. Getting annoyed at small mishaps, not being ready to adjust, can’t tolerate any misbehavior attitude has led to family disputes. Sunil Narnaulia points out, “In 1982, the director had to change the name of his film from Talakh to Nikah because Talakh was considered very bad during that time but today it’s very common.”

More than 50,000 cases of divorce were reported after the 1st lockdown of covid. Why is this happening? What can be done to resolve this issue?

Let’s hear it from the experts, Mr. Samarth Vyas, Advocate Jayashree, and Advocate Kavery Anand. 

Mr. Samarth Vyas is an Energy healer and is the founder of Reiki by Masters (RBM). Advc. Kavery Anand is a divorce lawyer in India. She deals with matrimonial, divorce and separation, child/custody, judicial separation, 498a, false FIR cases, and Advc. Jayashree is a litigation and documentation advocate. 

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Changes in the divorce scenario over the years?

Divorce law in india

Mr. Samarth Vyas says, “Society was at the stage of civilization at that time. Society was getting structured and the rules and norms of it were strict. Education was very less about things. But the scenario has changed now. People are open about everything and they don’t tolerate anything. They have understood that life can be lived even without marriage.”

Do live-in relationships also have a ground for divorce in India?

Advc. Jayashree says, “Yes, you can go to the court for divorce in this case as well. When two people live together and are involved physically they are considered a couple in the eyes of the court. Their kids will also be considered legal. The couple is fulfilling the responsibilities of what their religion demands from a couple, they are equal to a married couple.”

What are your thoughts on article 498a?

Advc. Kavery Anand says, “In 98% of the cases this law is misused. Many women accuse innocent boys and their families by using this. They use this to fulfill their unreasonable demands like separation from the family etc. When the boy fails to fulfill their expectations, they go to the police station and file an FIR against them. But the law is not one-sided and the law protects men as well. Law is unbiased and everyone can be protected if they are right.” This is the divorce law in India.

What can be done to solve disputes between husband-wife at the start?

Samarth Vyas says, “Family members should make them communicate. There are two steps to it- 

  1. Transparent Communication- The couple must do transparent communication and address the issue between them. People generally create a false image and satisfy their ego and say things that are not true. You should accept your flaws and present the real you in front of your partner.
  2. Concern to concern conversation- You must be aware of the reference or concern you are doing a transparent conversation in. We are lacking accountability for our discussions, transparency, or responsibility for what we are communicating. 

Laws are there to protect our interests and rights. Try to solve your issues with your partner first and if you still feel it’s not working then you can take divorce.

Thankyou and i hope you understand Divorce law in india,

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