Dissolution of Marriage

Introduction:

Marriage, a partnership that is legally and socially recognized, usually between a man and a woman, that is controlled by regulations, guidelines, traditions, values, and attitudes that prescribe the rights and duties of the spouses and assign the status of their offspring (if any). Marriage is both a natural bond and a religious marriage, since it is grounded in the divine scheme of life. In fact, the Catholic Church believes that a true union between two baptized Christians is also a sacrament – a salvation truth and a sign between Christ’s love for his family.

The dissolution of marriage marks the legally closed marriage by the medium of divorce by mutual consent without pointing out blame or fault to any other party. The breakup of marriage finally sets an end to your civil partnership as partners and ends your life. Unlike annulment, divorce does not “delete” marriage as if it never happened. Instead, it is a marriage similar to the statute. If you are trying to terminate your union, you and your partner require termination of union.

Grounds for Dissolution of Marriage

The dissolution of marriage can take place either on the ground of ‘fault’ or ‘no-fault’ divorce.

A no-fault divorce is one where the partners can freely deny being with each other without stating any specific reason just with an explanation that they are, now, not willing to lead their lives with each other anymore. In other words, the spouse who demands a divorce does not have to accuse the other partner of a negative act that led to a breakup.

 Alternatively, the suing partner may claim a “no-fault” explanation for the split, such as “irreconcilable discrepancies,” which is really a nice way to suggest that a pair can’t get along, so there’s no reasonable hope that they’ll get back together. In this, spouses are asked to live apart from each other.

On the other hand, fault divorces are ones where the request made by the filing spouse to terminate the marriage is based on the claim that the other spouse committed a specific type of misconduct that led to the rupture of the marriage. The grounds for fault divorce vary from state to state, but some of the most common are adultery, physical or emotional abuse, abandonment, and drug or alcohol dependence1.

Procedure of Dissolution of Marriage

Dissolution of marriage can take place as a no-fault divorce. A no-fault divorce can be achieved by following the process of divorce by mutual consent.

Below mentioned are the step to be followed to achieve no-fault divorce by mutual consent under the hindu marriage act, 1955.

1. To file a petition: Both the partners must file a petition in the court with a mutual consent stating that they are not able to live with each other peacefully. Also, if they are living separately for a year or more. 
2. To appear before the court for inspecting the petition: After the petition, the case has proceeded in the court. The judge will critically analyze the case presented by the parties and try to reconcile the couple. If it does not happen than the judge will forward the case for further follow-ups.
3. Passing orders for a recording of statements on oath: One the petition is satisfied by the court, the statement of both the parties will be recorded for the oath.
4. First Motion is passed, and a period of 6 months is given before the Second Motion: Once the statement is recorded, an order on the first motion is passed by the court. The parties can file for a divorce between 6 months and can take a maximum of 18 months to file the petition from the date of initiation of the divorce petition.
5. Second motion and final hearing of petition: Once the second motion is attended by the parties, they can appear for the final hearing for the petition and rest their case in front of the judge. Usually, the period is made to be of six months but in recent cases, it was observed that if this period is creating more chaos in the lives of the person and if the alimony and custody-related matters are resolved then this period can be waived off.
6. Decree of Divorce: ones all the claims are proved to be true and there is no scope left to save the marriage the court can pass the decree for divorce. Once the decree for divorce is passed, the marriage is dissolved.

How is the dissolution of marriage different from divorce?

Dissolution of Marriage is basically a procedure to be followed to escape the long legal proceeding of divorce. It basically helps the person to escape the accusation which in return helps us save time and money. 

Divorce can be taken based on two methods. Fault and no-fault. Fault divorces mean divorce with a specified guilt. These faults can be Cruelty, Desertion, Conversion, Unsoundness of mind, Schizophrenia, Virulent and incurable leprosy, Venereal disease in a communicable form, entering a new religious order, a presumption of death on not being heard of as alive for a period of seven years or more, non-compliance with a decree of judicial separation, non-compliance with a decree of restitution of conjugal rights(fulfillment of one’s obligations as a husband or a wife). 

No-fault divorces are considered to be mutual divorces. These divorces are then recognized as a type of dissolution of marriage3. 

Indian Divorce Act, 1869 

The dissolution of marriage in the Indian Divorce Act, 1869 is shown under section 10-17. It Specifies that any husband can opt for dissolution of marriage if he finds his wife guilty of adultery. On the other hand, any wife can opt for dissolution of marriage if the wife finds her husband for many a reason. One of the reasons was the husband should be liable of incestuous adultery. 

Other grounds for dissolution of marriage by the wife if the husband:

1. Changed his profession of Christianity.
2. Gone through a form of marriage with another woman.
3. Is guilty of bigamy with adultery.
4. Is guilty of incestuous adultery.
5. Is guilty of marriage with another woman with adultery.
6. Is guilty of rape, sodomy or bestiality.
7. Is guilty of adultery coupled with cruelty. The cruelty by itself must be enough for dissolution.
8. Is guilty of adultery coupled with desertion, without reasonable excuse for two years.

Conclusion

Ending a marriage is a very brave step to be taken in a country like India. In today’s time also, ending the marriage is wrong as ones you are married you are connected forever to your spouse. This step is even difficult for the wife as the care and view of society still haunts the female to take such a brave step. The dissolution of marriage is one step ahead in the society. It refers to ending the marriage without creating any drama. Indian laws have made it a little smooth process by creating the no-fault divorce. Still, there remain some issues to be taken into consideration.

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References:

1. Arya, R. (2014, June 3). What are the grounds for the dissolution of a marriage? iPleaders.
2. Aslam, M. A. (n.d.). Marriage And Dissolution Of Marriage Under Family Law. Legal Service India.
3. Stey by step procedure to file for a Mutual Divorce. (2019, May). India Today.
4.  Marriage Amendment Bill(2013)