Breaking Free: India’s Supreme Court Redefines Divorce Proceedings

Breaking Free: India’s Supreme Court Redefines Divorce Proceedings

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Hey there! 🙌 If you’ve been keeping an eye on India’s legal news lately, there’s a groundbreaking shift you need to know about. Gone are the days of waiting endlessly for a divorce decree. 📜

No More Waiting Games 🚫⏳

India’s Supreme Court recently dropped a game-changer: couples can now be granted divorce in cases of “irretrievable breakdown” without the mandatory run to a family court, and without the long wait! Yup, that’s right. That gruelling wait of six months or more to obtain a divorce by mutual consent? History. Below are the conditions to be fulfilled:

Breaking Free: India’s Supreme Court Redefines Divorce Proceedings Hey there! 🙌 If you've been keeping an eye on India's legal news lately, there's a groundbreaking shift you need to know about. Gone are the days of waiting endlessly for a divorce decree. 📜

Imagine being stuck in a relationship that’s, in essence, long been over. 💔 Like waiting for a train that’s never going to arrive. With this ruling, the Supreme Court acknowledges the pain of waiting, comparing dead marriages to dead-end alleys with no way out.

Beyond the Old Laws 📚

Previously, under the 1955 Hindu Marriage Act, couples had to wait between 6-18 months before a decree could be passed. Now, however, the apex court has recognized the right to break free from emotionally dead and unworkable marriages, calling it a step towards “complete justice”. 🕊️

It’s not just about ending the wait, but also the pain, agony, and torment couples go through during prolonged litigations. Ever seen a friend or family member go through a messy divorce? It’s draining, mentally and emotionally. And now, financially too.

However, Here’s The Catch ⚖️

While the Supreme Court can end a marriage even if one spouse is hesitant, couples can’t bypass the procedure. They must first approach family courts before knocking on the doors of the high court or Supreme Court.

A Forward-Thinking Shift 🚀

Remember that couple from your neighbourhood who separated but couldn’t officially divorce due to lengthy legal procedures? Or that celebrity divorce that was all over the tabloids? Cases like these might now see a swifter resolution. 🌪️➡️🌈

The Supreme Court emphasizes moving away from the “contested divorce”, which demanded one party to be at fault for issues like cruelty or desertion. Instead, they recognize that sometimes, two great people just aren’t great together. Like trying to mix oil and water. 🔄

What’s Next? 🤔

While this move is progressive, it highlights the need for couples to genuinely try reconciling before heading for a split. If the damage is irreparable, then a life of misery isn’t worth it.

If you know someone going through this tricky path, let them know about this change. And if you’re looking for more updates or legal advice, click here! 👉 [Link to Legal Advice]

Stay informed, and stay empowered! 🌟

Author – Saket Sambhav, Co-founder, Adjuva Legal.

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Adjuva Legal and Adjuva Legal does not assume any responsibility or liability for the same.

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