Divorce is the legal ending of a marriage. With time, our attitudes and beliefs toward the marriage system have changed. As the times change, the Indian divorce laws are also changed. Understanding the 2022-2023 Indian divorce laws is essential. There were very few divorce cases in India during the early days. It has been noticed that people’s mindsets have changed over time.

They are free to divorce if they feel they can no longer live together. The courts create rules for divorce cases to ensure justice for both sides. This article will help you understand the changes in divorce rules.

The New Rules for Divorce In India 2022-2023

1. Reduction: Waiving the six month mandatory rehabilitation period

 Section 13B (2) states that if a couple of files for divorcement with mutual consent to the divorce, the court will grant them a six-month period in which to reconsider their decision. The court gives this time with the intention of saving the marriage. The court may grant the couple six months to decide if they want to reunite or go through with a divorce.

It was mandatory that the rehabilitation period be six months. The new rule makes it no longer required. It is up to the court to decide. The court can decide based on the facts and circumstances of each case whether six-month rehabilitation is necessary or whether the couple should immediately be allowed to divorce.

This was evident in the Supreme Court ruling in the Akanksha Vs. Anupam Matur case. The court found that the couple had made a conscious decision to divorce and it was unnecessary to require the parties to wait six more months before granting the divorce decree. The court waived the six-month deadline and ordered the divorce of the couple.

2. An irretrievable breakdown of marriage is a valid ground for divorce.

This is when the couple decides they can no longer live together as married partners. Although the partners may live together, they are not married. This issue is not covered by the divorce law.

The court has the final say on whether or not the separation is grounds for divorce. If the court decides that it is impossible for the couple to reunite or if either or both spouses are unable to live together, they can grant permission to file for divorce.

The Supreme Court ruled in Sangamitra Ghose vs. Kajal Kul Kumar Ghosh that the marriage was irretrievably irreparable and that it was impossible to restore the marriage. Accordingly, the Supreme Court ordered the couple to divorce because of an irretrievable marriage breakdown.

3. Extension of the Law of Maintenance to Live-in Relationships

The Hindu Marriage Act of 1955 allows the court to order maintenance payments. This is done to ensure that the women have the same standard of living as before the divorce. The woman can claim maintenance under Section 125 of the Criminal Procedure Code if the marriage is not Hindu law.

In law, a live-in relationship is considered a marriage. A woman living in a live-in relationship can claim maintenance from her live-in partner, as per the Code of Criminal Procedure. If the live-in partners have been together for a while, there is no need to show proof of marriage.

The new Indian divorce rules 2022 state that the victim (i.e., The Protection of Women from Domestic Violence Act 2005 provides relief for the victim, i.e., the spouse or the living-in partner. This is even though she is not eligible under the Criminal Procedure Code. The Protection of Women from Domestic Violence Act provides additional relief for the victim woman than is available under the Code of Criminal Procedure.

4. Adultery is not punishable.

The new rules state that adultery is a grounds for divorce in India. However, it is not punishable. The court ruled that the punishment of the spouse and the lover who he or she has been involved in adultery is not a way to save the marriage. Both spouses can seek divorce on the grounds of adultery. However, there is no penalty for adultery.

5. Triple Talaq is not a ground for divorce.

According to Muslim law, the only requirement for Indian divorce is to say ‘Talaq three times. This practice is unjust for Muslim women as it allows Muslim men to dissolve the marriage unilaterally. Triple talaq is an arbitrary practice that violates women’s rights. According to the Indian divorce rules 2022-2023, the ‘Triple Talaq’ has been declared unconstitutional.

6. The power of the Civil Court cannot be overridden by Divorce under Personal Law.

The divorce can be ordered only by the Civil Court: https://districts.ecourts.gov.in/. Divorce orders that are not granted by the Civil Court, or the Christian Church, or any other personal law, will be null. In Molly Joseph vs George Sebastian, the Apex Court ruled that only the competent court can dissolve a marriage. Any order made by the Ecclesiastical Tribunal or personal law shall be overruled by the Civil Court’s order or decree.

Conclusion

It is essential to modify and amend the Indian divorce laws and to adapt them to changing society. It is important that you consider all aspects of a case, both from the perspectives of men and women. Both divorce and marriage can have a profound impact on your life. Divorce cases are decided by the Courts using their discretionary powers. It is not possible to dissolve a wedding in one go. Therefore, the rules and grounds for divorcing must be modified according to society’s needs.