“Marriage is like mushrooms: we notice too late if they are good or bad.”
Woody Allen – “Divorce isn’t such a tragedy. A tragedy is staying in an unhappy marriage.”
In life, we don’t always get what we expected. Bad marriages are what no one hopes for but sometimes, we find ourselves in such a position where we cannot escape a bad marriage.
For ex: The Hindu Marriage Act thus provides for 2 ways to obtain a divorce :
- Mutual Consent under section 13B of the Act
- Contested Divorce under section 13 of the Act
The easiest way to get a divorce is through Mutual Consent as both the parties have readily agreed to part ways and they have also mutually and to the benefit of the parties, decided the maintenance and the custody. Contested divorce is a battle fought in court but it is the only way if both spouses do not agree to get a divorce.
There are specific reasons laid down in the Act which provide for a ground as to contested divorce. If a person has to get a contested divorce, he has to get divorced under these grounds. Incompatibility/breakdown of a marriage isn’t a valid ground under contested divorce. For that to be a reason there ought to be mutual consent of the parties. All the personal laws have a proviso for filing the contested divorce under the Indian legal system.
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