People’s perspectives on weddings fluctuate because of the great range of beliefs. Couples in India can marry based on the rules of their respective faiths. Despite the passage of years and increased social consciousness, the legislature passed several laws to clarify and improve India’s current divorce process.
A divorce application must be based on certain reasons listed in the Marriage and Divorce Laws. There are no such things as ‘automatic divorce’. However, the marriage is declared null and void in other situations due to one of the party’s wishes. In such circumstances, the marriage is considered invalid. It is critical to comprehend the distinction between denial and divorce.
It is critical to comprehend the distinction between denial and divorce. Even if the result is the same, they aren’t identical. Divorce is the legal termination of a marriage, while negation is a split of the partners.
What does Automatic Divorce Mean in India?
If you have been staying apart for 2 years while there is no possibility of living together, you can file for divorce at the family court in your jurisdiction.
The Hindu Marriage Act explicitly states that if the woman and man have been apart for at least one year, mutual divorce can be given easily. In India, there’s no such thing as an automatic divorce.
Divorce can only be allowed by the courts, regardless of whether the couple has stayed apart for at least 2 years. In India, the only option for a couple to obtain ‘automatic divorce’ is if their marriage is dissolved, i.e., proclaimed invalid.
Divorce: Separation of 2 or More Years
According to the separation length (two or more years), divorce can be sought for various justifications.
If someone has been apart for 2 or more years, a divorce process can be followed, and divorce depends on a 2-year separation. However, both couples must consent to divorce for their separate reasons.
To demonstrate that both couples had been apart for 2 years:
- Before applying for divorce in India, both spouses must have stayed apart for at least 2 years.
- The agreement of both parties to the divorce.
How long should a couple be separated in India before filing for automatic divorce?
The couple must return to the courtroom after six months and make an additional request To ensure you have provided mutual agreement. The court issues a divorce ruling upon this second petition. Divorce with mutual permission occurs when both parties agree to separate.
The method for seeking a divorce by consent of both parties is outlined in Section 13B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954.
Section 10A of the Indian Divorce Act, which governs Christian marriage in India, states that the partners must live apart for at least 2 years before seeking divorce through mutual detachment.
A woman gets the legal right to divorce if she marries within the age of fifteen and divorces after adulthood, which is eighteen.
If the spouse has children, the issue regarding parental custody is based on diligence, which means the child’s well-being. If a divorce occurs in a social setting, both parties might agree on child custody. However, the court will consider another important element in determining child custody in a contested divorce.
Concept of Void and Voidable Marriages
‘Automatic divorces’ do not exist. In some situations, a marriage is null from the start or invalid at the request of one of the spouses. The marriage has been reported to be annulled in such instances.
It should be noted that annulled and divorce aren’t a single thing, even though the impact of both is identical, notably the split of the spouses.
On the contrary, a voidable marriage is lawful unless eliminated, which can happen if any involved apply it. However, if none of the parties files a petition for annulment, the marriage will remain legitimate.
Is divorce ever automatic?
Divorce is never unavoidable. According to the complexities of your circumstances, the divorce process may require weeks or years to finish. However, many separated couples believe they may acquire a speedy divorce without legal proceedings. This is, in fact, inconceivable.
Irrespective of the form of divorce you want, you have to navigate through the legal system to obtain one. In addition, should you draft and submit a divorce petition, if you are seeking a divorce without a fight, both spouses must compromise on all separating issues.
If the parties disagree on all things, the divorce will be disputed. A disputed divorce necessitates more documentation and court files than an uncontested separation.
Does a long period of division automatically dissolve a marriage?
Prolonged separation does not null and void a marriage unless a divorce is sought. As previously stated, if couples split for an extended period, the split is not divorce.
The courts must declare your marriage null and void to be deemed divorcing. You can marry again once you are divorced. You are legally married if you do not seek a divorce certification, whether separated or living with your partner.
Rightful Divorce vs. Automatic Divorce
The phrase “automatic divorce” implies the termination of a marriage without an appearance in court or the parties participation. According to the authority, the specific criteria for an automatic divorce may differ.
When the marriage is lawfully dispersed, it results in a valid divorce. Even if the separation is unintentional, both partners may divorce their partner.
For example, long hospitalizations and serious brain traumas are major causes of justifiable divorce. Put another way, somebody fed up with watching for an accidentally parted partner can petition for divorce.