7 steps from Dilemma to Divorce

Divorce! The moment we hear this our ears get alerted, suddenly our brain starts getting what, why, how, when. Because as practice Divorce is taken as taboo, even in this century. The reason is unknown and uncertain. Can say a divorce is among the most traumatic occurrences for any couple and their families. And the society tries to involve itself too. However, everyone needs to understand the sole aim of any marriage is not staying with each other but staying together.  When two people are not happy with each other and failing to have a balanced life together they can decide upon. There is nothing wrong. The dilemmas need to be discussed to sort. Divorce is not an offence rather it is a law. As marriage is legal so as divorce is legal. Right counselling, right legal advice and importantly consent of both parties are important elements of a healthy Divorce process.

If there is an unsuccessful marriage, it has no charm, no peace and no harmony there is no point dragging it just to satisfy societal needs. Rather it may lead to some other crimes. Hence, it is always advisable to have free thoughts, dialogue exchange and consultations to bring out something harmonious for both the parties instead of forcing a burdensome relationship.

Let’s know Indian Divorce Law in brief:

In India, generally the rules for divorce are separated as per religion respecting their practices. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956. However, the divorce law works with some conditions and not in all situations.

Whether it is Divorce process, divorce rules and the divorce laws in India are little complicated. You can get help from a legal expert. 

What to do when the dilemma arises:

7 points to remember when you feel that there is something unresolved with your spouse and there is nothing left in the marriage to carry forward.

1. Talk to her/him: The foremost job in any relation is ‘Conversation’. Lack of conversation is one of the biggest factors in failure of any kind of relationship. A healthy and regular conversion is a gluing factor. Before arriving to any decision, you must have a mutual talk. Keep the transparency and talk openly. There you may get a conclusive reason to decide further.
2. Address the issue: There may be chance of mistake from your end, there might be chance of misunderstanding. Hence give chance to other to rectify/resolve. And introspect to realize the issue. Try addressing the issuing that can be resolved by your effort.
3. Discussion with close friends and family: When you are in doubt or in fear you must discuss with family and close friends. You well-wishers may advise you something beneficial and right for you.
4. Know your legal right: Knowing law is all of our responsibility. As an individual and citizen, we must know our legal rights and how we can access to it. Hence, educate yourself. You should consult a legal practitioner for the same.
5. Consult a marriage counselor: There are skilled marriage counselors to guide you. They are professionals and certified. You can always contact a genuine office for accessing their guidance. You may visit alone, and better if you are visiting with your spouse. You may get some clarity.
6. Consult a legal adviser: A Legal adviser/lawyer having the expertise in Divorce law can guide you in best possible way. You get to learn your legality, whether to proceed, about the process, time period, expense etc. A divorce lawyer/Family lawyer would help and guide to properly.
7. Take your stand: And understand that you have to take care of your peaceful life and you deserve a happy life. Hence, you need to stand strong for your rights. Many times, it has been seen for societal pressure people keep quite and tolerate an unhealthy and unhappy marriage life. Which is absolutely wrong, you need to take a stand for yourself, no one else would do.

Hence don’t underestimate your thoughts. Be open to talk, discussion and get right information. Let’s not get trapped by taboos.

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[For consultation or any assistance related to Corporate law and Family law you may contact Adv. Anupam Agarwal. The contact details are given as under;

Mobile: 97406 45762

Email: anupam@rslegal.in

Adv. Anupam Agarwal has more than 17 years of experience in variabilities of Corporate law along with Divorce law/ Family law.]