What are the rights on Divorce?

The rights on divorce are also governed by the law under which the marriage was solemnised.

1. The couple is no longer required to cohabit.
2. The spouse unable to take care of herself or himself in the standard to which he or she was used to, while married, is entitled to be maintained by the other spouse.
3. Under Muslim law, the wife would be entitled to maintenance as per Shariat law.
4. The children will be entitled to be maintained financially by the parent who can best look after their interest. However, custody may be granted to the parent in whose care, the child’s welfare shall be best served. Indian courts are generally in favour of granting custody of minor children to the mother.
5. Custody of children may be sought by the parties in the divorce proceedings.

How can marriage be dissolved?

The same laws according to which the marriage was solemnised govern dissolution of marriages, and the rights consequent to the dissolution.

The Indian Divorce, Act Special Marriage Act, the Parsi Marriage and Divorce Act and the Hindu Marriage Act, provide for annulment of the marriage, since its very inception, on grounds such as the non-fulfilment of mandatory conditions already mentioned in Question 2 above. The Indian Divorce act requires confirmation by the High Court to come into effect.

The acts also prescribe that marriages may be annulled by decree if a party willfully refuses to consummate the marriage, or if the wife was pregnant by a person other than the husband at the time of marriage, or if the consent of the parties was procured by coercion or fraud. I have received queries whether this would cover situations of ‘pressure’ and ‘emotional blackmail’ from parents. It would depend on the circumstances. But I doubt the court would accept such a ground if the party was an educated, employed adult and who was otherwise socially independent. Social and religious circumstances surrounding marriage in India do give rise to situations such as these where persons consider themselves bound by parental approval or decisions.