New Rules for Divorce in India 2023

The law created some years of over a decade ago needs revision to keep it relevant and effective to meet ever-changing societal needs. There are several laws that should be taken into consideration to maintain their relevance; one such kind of law is the ‘divorce law’ under the Hindu Marriage Act.

In this rapidly changing society, the perspective towards the marriage system keeps on changing with time. Divorce law, being a significant and sensitive aspect does require reconsideration from time to time. The need arises due to changing scenario of divorce cases in India. In the earlier days of India, only a few people used to come to court for divorce. But with time, divorce cases have witnessed a great spike due to changing mindset of people.

Now, people don’t hesitate in heading to court if they realize that their relationship is not going to work anymore. And the Courts make rules to ensure a fair divorce without doing injustice to either party.

 

Key Updates & Amendments in New Divorce Policy India 2023 under Hindu Marriage Act

 1. Six-Months Period of Rehabilitation Not Mandatory Now 

As per Section 13B (2), when the couples file a mutual consent divorce, the court grants them a mandatory 6-months period so that they get sufficient time to think on their decision. The court grants this period with the intent to save the marriage. At the end of the period, the couple may decide to withdraw their petition and live together or proceed with their divorce petition.

Earlier, it was mandatory to grant a six-months cooling-off period. But according to the new divorce rule, it’s not mandatory to grant this period to the couple and is left at the discretion of the court.

In order words, considering the facts and circumstances of the specific case, the court may decide whether there is scope to order six months of rehabilitation or immediate divorce should be allowed. If the court finds that there is no point in granting a rehabilitation period, it can grant an immediate divorce.

2. Irretrievable Breakdown of Marriage- A Sufficient Ground for Divorce 

If the couple is firm on their decision of getting separated and can’t live together anymore, the situation is known as separation or breakdown of the marriage in legal terms. Though the partners may or may not live under the same roof, they can’t live as husband and wife. In the view of the court, if it finds that there are no chances of reunion and if any or both the spouses are not willing to live together, the court may allow them to proceed with the divorce.

3. Maintenance now also applicable to Live-in Relationships 

According to the Hindu Marriage Act, of 1955, the court may order the husband for the payment of maintenance. The main reason behind this rule is to support the women financially so that they can maintain the same lifestyle or living standard even after their divorce. But if the marriage hasn’t taken place according to Hindu Marriage law, the woman is eligible to claim maintenance under Section 125 of the Criminal Procedure Code.

Since the live-in relationship status is considered similar to a marital relationship, therefore, a woman in a live-in relationship can also claim maintenance from her live-in partner after their separation under the Code of Criminal Procedure. And if the live-in relationship has lasted for a prolonged, no strict proof of marriage is mandatory. According to the new divorce rules in India 2022, a victim (the wife or the live-in partner) can claim relief under the Protection of Women from Domestic Violence Act, 2005, even if she is not eligible for a claim as per the Criminal Procedure Code. Even, a victim woman can claim a higher relief under the Protection of Women from Domestic Violence as compared to the Code of Criminal Procedure.

4. Adultery is not Punishable 

According to the new Divorce law, adultery can be taken as grounds for divorce in India, but it is not punishable. The court observed that there is no point in punishing a spouse and his/her partner in case of adultery as it can’t be taken into practice as a remedy to save a marriage. In a nutshell, spouses can claim divorce on the grounds of adultery, but they can’t seek punishment for their partner involved in adultery.

5. Triple Talaq can’t be a ground for Divorce 

In Muslim Law, saying ‘Talaq’ thrice is sufficient as far as the religious point of view is concerned. And it is found to be an unfair practice, especially to Muslim Women as it has given Muslim men the right to terminate their marriage unilaterally, which means no consent of women is valued. Due to this, the court believes that the practice of ‘Triple Talaq’ is against the rights of women. Therefore, in the new Divorce Policy, the ‘Triple Talaq’ has been declared unconstitutional and has no significance, according to the law.

 6. Divorce Under Personal Law Cannot Override the Power of the Civil Court 

Only the Civil Court can order divorce. If the Christian Church or any other personal law grants a divorce, it shall be considered invalid. In other words, the order or decree of the Civil Court shall prevail and override any order passed by any personal law.

Let’s Understand the Amendments done in New Divorce Law 2023 by comparing it with the Previous Divorce Law in India

GROUND FOR DIVORCE	PREVIOUS LAW ON DIVORCE	NEW LAW ON DIVORCE
Adultery	Only the spouse who was cheated on could file for divorce	Both spouses can file for divorce
Mental/Physical Cruelty	Includes physical violence, harassment, and mental torture, but did not have a clear definition	Includes physical violence, harassment, and mental torture, but now also includes withholding financial support or denying access to a child
Desertion	Must have been for a continuous period of 2 years	Reduced to a continuous period of 1 year
Conversion	Not recognized as grounds for divorce	Recognized as grounds for divorce
Irretrievable Breakdown	Not recognized as grounds for divorce	Recognized as grounds for divorce, but requires a one-year separation period

Bottomline

In the New Divorce Law in India 2023, some necessary changes are made in order to tackle or overcome the loopholes of the previous divorce law. During a divorce case, it is crucial to consider various aspects of a case; from men as well as women points similarly. It is one of the life-changing events for both spouses and therefore decision to dissolve a marriage can’t be given abruptly or without hearing & considering each fact of the case. And therefore, the new changes and amendments in divorce rules are done as per the need of the time and current social scenario.