Ashri Associates-DIVORCE


The myth of permanence and inviolability of marriage bod stands eroded with increasing rate of matrimonial litigations all over the country. Once there is a marriage, it can only be dissolved through the process of law and no other way.

A divorce legally ends a marriage between a husband and wife. Any amount of affidavits or agreements cannot lawfully dissolve a marriage – this has to be understood by each married individual irrespective of the fact whether the marriage was got registered or not.

A divorce decree is a document containing all the details of the divorce and mandatory even when one wants to remarry and resettle in life. The grounds for divorce could range from abandonment, adultery, cruelty, addiction, fraud, incurable mental illness or incompatibility.

It is not necessary to get down to mudslinging and character assassination of each other in courtrooms, rather an amicable separation may also be advised and work in favor of the children of the warring couples.

Judicial Separation

Either party to a marriage may apply to the Courts praying for a decree of judicial separation on any grounds specified in sub-section (1) of section (13) HMA, and in the case of a wife also on any grounds specified in sub-section (2).

It shall no longer be obligatory for the spouses to cohabit where a decree for judicial separation has been passed.

It has to be kept in mind that before snapping the relationship between the parties permanently, every attempt is made to preserve the sanctity of the relationship which is of importance not only for the individuals or their children but also for the society.


Alimony is not a consequential order of a decree for divorce but is a continuing obligation on the party. It is better to provide for the maintenance of the other party who is weaker between the two.

There are various provisions of different statutes dealing with laws which deal with the question of alimony under Hindu Marriage Act and Indian Divorce Act besides other personal laws. Any court exercising jurisdiction under the relevant Act , may at the time of passing any decree or subsequently thereto, on application made to it for the purpose by either spouse, as the case may be, order that the respondent ( while the applicant remains unmarried) pay to the applicant for her /his maintenance and support such gross sum ( monthly or periodical ) for a term not exceeding the life of the applicant as, having regards to respondents’ own income and other property, if any, the income and other property of the applicant [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

And if the court is satisfied that there is a change in the circumstances of either party at any time after it has made the order, it may at the instance of the other party, vary, modify or rescind any such order in such manner as the court may deem just.

If the court is satisfied that the party in whose favour an order has been made remarries or, of such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual relations with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such a manner as the court may deem just.

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