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baba (other)     24 November 2013

Divorce ground

Is "Irreconcilable differences" ground for divorce is valid according to Hindu Marriage Act (India Law) ?



Learning

 6 Replies

Hardeep (Business)     25 November 2013

This may be what you are looking for :

" On March 23, 2012, the Union Cabinet approved the Marriage Laws (Amendment) Bill, 2010, by which ‘irretrievable breakdown of marriage’ was included as a ground for dissolving a marriage under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954."

Source :

https://ultraviolet.in/2012/06/04/irretrievable-breakdown-of-marriage-a-ground-for-divorce/

T. Kalaiselvan, Advocate (Advocate)     25 November 2013

What is conciliable and irreconciliable difference?  There is no thing called so.  I think you are mentioning about difference of pinions which cannot be solved (?), if so, that can be added as a ground in the pleading but that cannot be stated as main ground for divorce, other substantial reasons are to be quoted while seeking divorce, consult a lawyer and get his opinion.

baba (other)     25 November 2013

Yeah "Irreconcilable differences" is the ground that's my lawyer said. I am in USA and planing to file divorce case (my wife is in India) based on "Irreconcilable differences". So i am understanding that is that could be ground for divorce according to Hindu Marriage act ?

baba (other)     25 November 2013

Also as per link provided by Hardeep, Is there any timeframe to apply based on this ground ? (e.g. three year of living apart) ?

Hardeep (Business)     25 November 2013

The report cited by me provides an excellent summary of the present - as well as the newly introduced  ground and the backgrounds thereof.  3 years years of living apart is mandatory for " irretreivable breakdown " to be taken as a ground. Wife may contest  , husband can not. Of course many other factors will also go in.

Family Law cases are complicated  , divorce cases more so, and one party living abroad makes it still more so ! So it is better to take proper legal opinion ,as advised by Kalaiselvan Sir as well. The Jurisdiction will most probably be where you got married or where the wife presently resides so you need to find someone there.

dr.pawan rajyan (member and secretory)     26 November 2013

hyothetical quiry.give complete facts of case.regards


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