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Divorce for Hindu Marriages

    Home Topics Divorce for Hindu Marriages
    In India, Hindus can choose to have their marriage governed by Hindu religious laws or a law known as Special Marriage Act, 1954. If you have been married under Hindu law then your divorce will also be governed by the same law. You can divorce your spouse only based on the reasons specified in the law. It is harder to seek a divorce simply only on the grounds that you no longer wish to remain married without it matching any reasons recognized by the law. However, it is possible to get a divorce if you and your spouse mutually consent to it. Divorce can take place if the husband or wife brings a petition to the Court based on the recognized reasons.

    Ending a Marriage under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    The law on marriage recognizes emotional and marital needs and include many legal obligations such as owning property, taking care of your children etc. When you end your marriage, the marital relatio
    Read more

    Filing for Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final.If there has been a valid marriage you can file for a divorce. However,
    Read more

    One Spouse Wants a Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to th
    Read more

    Divorce by Mutual Consent under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    If neither you or your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.You and your spouse can go to Court if:Both of you have been living separately
    Read more

    Where Can You File a Divorce for a Hindu Marriage

    By Malavika Rajkumar | 0 comment
    Both you and your spouse can file a case to the Family Court. There are separate courts known as family courts which deal with divorce cases. You can approach a family court in the following areas:You
    Read more

    Cruel Behaviour and Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
     Cruel Behaviour is a ground of divorce under Hindu Marriage Law. Cruelty is behaviour or conduct which causes harassment to you. Cruelty may be in two forms:Physical If your spouse physically hurts y
    Read more

    Cheating by Spouse and Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    You can file for a divorce if your spouse has cheated on you, i.e. when they have had voluntary sexual intercourse with another person. This is also referred to as adultery.To get a divorce, you will
    Read more

    Hindu Divorce if Spouse has Left You

    By Malavika Rajkumar | 0 comment
    If your spouse has left you then you can file for a divorce. This is known as desertion.Immediate Effect of DesertionDesertion can happen if your spouse has left you with immediate effect with an inte
    Read more

    Hindu Marriage and Mental Illness

    By Malavika Rajkumar | 0 comment
    If you are in Hindu marriage, mental illness of your spouse can be a ground for divorce.You can file for divorce if:Your spouse is suffering from any mental disorder that is not curable; orYour spouse
    Read more

    Conversion of Religion from Hinduism

    By Malavika Rajkumar | 0 comment
    ConversionYou can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu.File a CaseIt is very important to note that since your spouse has converted
    Read more

    Reconciliation during Divorce Proceedings under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    In all family law cases, Courts encourage and attempt for reconciliation between the spouses.Consequence of ReconciliationAfter reconciliation happens, either:You and your spouse can get back together
    Read more

    Proof of Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order, which is a document that enforces your divorce.A decree of divorce is
    Read more

    Re-Marriage after Divorce under Hindu Marriage Law

    By Malavika Rajkumar | 0 comment
    If you want to remarry, you have to wait for 90 days from the date of the Court’s final order, so that your spouse has time to ‘appeal’ against the Court’s decision.Under the law, you can remarry righ
    Read more

    Maintenance or Alimony in Hindu Marriages

    By Malavika Rajkumar | 0 comment
    You can get a specific amount of money based on a Court order from your spouse. This can happen only if you do not have any sufficient means of income to sustain yourself or your children. This amount
    Read more

    Temporary Separation in Hindu Marriages

    By Malavika Rajkumar | 0 comment
    Apart from divorce, which has a certain finality to it, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.Through this measure, the Court
    Read more

    When Can You File for a Hindu Divorce

    By Nyaaya | 0 comment
    You can only file a divorce case if you have a reason recognized by Hindu law. These reasons can vary from ill-treatment by your spouse to your spouse suffering from a mental disorder.In India, the la
    Read more
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    Identification proof
    NyaayaNyaaya answered 4 years ago • Divorce for Hindu Marriages
    336 views1 answers0 votes
    Identification proof
    NyaayaNyaaya answered 4 years ago • Divorce for Hindu Marriages
    239 views1 answers0 votes
    Can you file a dowry case after you have been divorced under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    499 views1 answers0 votes
    My wife is a qualified dentist but isn’t currently working. Can the Court still order me to pay her temporary maintenance for the course of the divorce proceedings under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    650 views1 answers0 votes
    What is my marital status if my husband dies during the divorce proceeding under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    2975 views1 answers-1 votes
    Do Hindus have a separate law for divorce or is it the same as all religions?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    701 views1 answers0 votes
    Can the act of cruelty be an isolated incident under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    619 views1 answers0 votes
    What are some examples of cruel behaviour that Courts have looked at under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    560 views1 answers0 votes
    If my husband did not intend to behave in a cruel manner with me, can I still go to Court to file a case of cruelty under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    569 views1 answers0 votes
    Can a husband file for maintenance against the wife under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    611 views1 answers0 votes
    What will happen to my children after divorce under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    600 views1 answers0 votes
    Can I file for a divorce simply because my marriage is not working out under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    636 views1 answers0 votes
    When I ask the Court for maintenance for me and my child, can I ask for something else apart from money under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    614 views1 answers0 votes
    My husband keeps coming to my office and harassing me at work in front of my employer. Can I file for a divorce under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    604 views1 answers0 votes
    What will the Court take into consideration while finally deciding a divorce case for Hindu marriage?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    586 views1 answers0 votes
    I cheated on my spouse, will I go to jail under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    621 views1 answers0 votes
    I moved to Australia for a job assignment in January 2016, but my wife chose to stay in India. We both discussed this arrangement and consented to it. Now she is filing for divorce claiming that I deserted her, but my intention was never to do so. Can I object to the divorce? Is her reason a valid one in Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    548 views1 answers0 votes
    What is the difference between mediation and conciliation?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    505 views1 answers0 votes
    Will the mediator tell the Court or the lawyers about what I said during the mediation?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    589 views1 answers0 votes
    If my husband suffers from leprosy, can I divorce him under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    612 views1 answers0 votes
    My husband converted to Islam from Hinduism. Can I file a divorce case against him? If yes, what law will apply, Hindu Law or Muslim Law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    668 views1 answers0 votes
    Are Hindu divorce proceedings held in private?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    580 views1 answers0 votes
    Do Courts use video conferencing during a Hindu divorce case?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    544 views1 answers0 votes
    Which Court do you approach to file your case for Hindu divorce?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    537 views1 answers0 votes
    What does marital relationship under Hindu law mean? How does Hindu law understand a marital relationship?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    705 views1 answers0 votes
    What do Courts consider as a ‘valid Hindu marriage’ before granting a divorce?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    531 views1 answers0 votes
    Are there any reasons for Hindu divorce that are solely available to women?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    543 views1 answers0 votes
    My husband has filed for divorce on the grounds that I have deserted him. However, the truth is that I was forced to leave and go to my parents house because he was physically abusing me. What can I do under Hindu law?
    Adrija JayanthyAdrija Jayanthy answered 6 years ago • Divorce for Hindu Marriages
    565 views1 answers0 votes
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    Nyaaya - India's Laws Explained
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        • Annulment of marriage
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        • Divorce for Hindu Marriages
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        • Muslim Marriage
      • Media and Communication
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    Stay updated with Nyaaya, connect with us through a newsletter, whatsapp, and whatsapp हिंदी

    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!
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