Food Adultration and Punishment

Food Adultration

The Prevention of Food Adulteration Act, 1954 aims at making provisions for the prevention of adulteration of food. The Act extends to the whole of India and came into force on 1st June 1955.

What is adulterated food?

An article of food shall be deemed to be adulterated –

1. if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser or which it purports to be;
2. if the article contains any substance affecting its quality or of it is so processed as to injuriously affect its nature, substance or quality;
3. if any inferior or cheaper substance has been substituted wholly or partly for the article, or any constituent of the article has been wholly or partly abstracted from it, so as to affecting its quality or of it is so processed as to injuriously affect its nature, substance or quality;
4. if the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health;
5. if the article consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or being insect-infested, or is otherwise unfit for human consumption;
6.  if the article is obtained from a diseased animal;
7.  if the article contains any poisonous or other ingredient which is injurious to health;
8. if the container of the article is composed of any poisonous or deleterious substance which renders its contents injurious to health;
9.  if the article contains any prohibited coloring matter or preservative, or any permitted coloringmatter or preservative in excess of the prescribed limits;
10. if the quality or purity of the article falls below the prescribed standard, or its constituents are present in proportions other standard, or its constituents are present in proportions other than those prescribed, whether or not rendering it injurious to health.

Thus, additions of water to milk amount to adulteration, within the meaning of sub-clauses (b) or (c).

When are foods misbranded

An article of food shall be deemed to be misbranded-

1. if it is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food, and is not conspicuously labeled so as to indicate its true character,
2.  if it is falsely stated to be the product of any place or country,
3.  if it is sold by a name which belongs to another article of food,
4. if it is so colored, flavored, coated, powdered or polished as to conceal any damage to the article or to appear of greater value than it really is,
5. if false claims are made for it upon the label or otherwise,
6.  if, when sold in sealed or prepared packages by its manufacturer, the contents of each package are not conspicuously and correctly stated on the outside thereof;
7.  if the package containing it is deceptive with respect to its contents, in any manner, such as label, statement, design or device which is misleading,
8.  if the package containing it, or the label thereon, bears the name of a fictitious individual or company as the manufacturer or producer of the article,
9.  if it purports to be, or is represented as being for special dietary uses, unless its label bears the prescribed information concerning its dietary properties,
10. if it contains any artificial flavoring, coloring or chemical preservatives without declaring the same on the label, or in violation of the requirements of this Act and the Rules madethereunder, and
11. if it is not labeled in accordance with the requirements of this Act and the Rules madethereunder.

Preservative: means a substance which when added to food, is capable of inhibiting, retarding or arresting the process of fermentation, acidification or other decomposition of food.

Prohibitions and Restrictions

Prohibition on The Manufacture, Sale, Etc. Of Certain Food Articles

No person shall manufacture, store, sell or distribute

1. any adulterated food,
2. any misbranded food,
3. food articles to be sold under license without fulfilling the conditions of the license,
4. any food article the sale of which is prohibited by the Food (Health) Authority in the interest of public health,
5. any food article in contravention of any other provision of the Act or the Rules, (see ‘Conditions for Sale’) or
6. any adulterant.

The act of storing an adulterated article of food would be an offence only if storing is for sale. The sale of a part of the stored article constitutes an offence distinct and independent from the offence of storing for sale.

Prohibition on Use Of Certain Expressions While Labeling of Edible Oils And Fats

The package, label or the advertisement of edible oils and fats shall not use the expressions Super-Refined, Extra-Refined, Micro-Refined, Double-Refined, Ultra-Refined, Anti-Cholesterol, Cholesterol Fighter, Soothing to Heart, Cholesterol Friendly, Saturated Fat Free or such other expressions which are exaggerations of the quality of the product. (Rule 37 D).

Prohibition on Sale Of Certain Admixtures

For example, cream which has not been prepared exclusively from milk, milk which contains any added water, ghee which contains any added matter not exclusively derived from milk fat, a mixture of two or more edible oils as an edible oil and turmeric containing any foreign substances, etc. (Rule 44)

Prohibition on Use of Acetylene Gas (carbide gas) in artificially ripening of fruits (Rule 44 AA).

Prohibition on Sale of Food Articles Coated With Mineral Oil, except in accordance with the permitted standards. (Rule 44 AAA and Appendix B).

Restriction on Sale of Ghee having less than specified Reichert value except under the "AGMARK" seal. (Rule 46).

Prohibition on Sale of Admixtures of Ghee or Butter or on its use as an ingredient in the preparation of an article of food. (Rule 46).

Any food item resembling honey, but not pure honey, shall not be marked "honey". (Rule 45).

Restriction on Sale of Kangra Tea except only after it is graded and marked in accordance with the provisions of Agricultural Produce (Grading and Marketing) Act, 1937 and the Rules madethereunder. (Rule 44E).

Conditions for Sale of Flavored Tea only by those manufacturers. Who are registered with Tea Board and the package bearing the label, ‘FLAVOURED TEA’ (Common name of permitted flavor, percentage and Registration No.). (Rule 44G).

Restriction on Sale of Common Salt No person shall, sell or offer or expose for sale or have in his premises for the purpose of sale, common salt for direct human consumption unless the same isiodized. (Rule 44H).

Restriction on Use and Sale of Artificial Sweeteners except that saccharin sodium can be added to carbonated water, supari, pan masala and pan flavoring material within the specified maximum limit and aspertaine may be sold for diabetic use under medical advice. (Rule 47).

Prohibition on Sale of Permitted Food Colors, i.e. Synthetic colors, or their mixtures or any preparation of such colors, except under a license. (Rule 48A).

Prohibition on Sale of Permitted Food Additives, except only under the ISI certification marks.(Rule 48C).

Prohibition on Use of Coumarin and Dihydro Cocumarin, Tankabean (Dipteryl Adorat) and B-Asarane And Cinamyl Authracilate, as flavoring agents. Any extraneous addition of flavoringagent should be mentioned on the label attached to any package of food so flavored, in capital letters in the following manner:

"CONTAINS ADDED FLAVOR"

Restriction on Use of Preservatives

 Addition of Class I preservatives i.e. Common Salt, Sugar, Dextrose, Glucose (syrup), Spices, Vinegar or acetic acid, honey and edible vegetable oil, in any food is not restricted, provided that the food article to which the preservative has been added conforms to the specifications laid down in Appendix B.

Class II preservatives such as Benzoic acid and its salts, sodium diacetate and sodium, potassium and calcium salts of lactic acid, etc. can be used only restrictively. Use of more than one Class II preservative is prohibited.

Conditions for Sale of A Food Article,

Every utensil or container, used for manufacturing, preparing or containing any food or ingredientstherefore, and second hand tin containers for packaging of edible oils and fats, meant for sale, shall be maintained in a clean and sanitary condition, away from impure air or dust, properly covered at all times, and such utensils or containers shall not be used for any other purpose. Use of rusty containers, improperly tinned copper or brass containers, containers of aluminum or plastic not conforming to ISI specifications, etc., in preparation of food, is also prohibited. Besides, certain special conditions for sale of certain articles such as asafoetida, salseed fat, lactic acid, edible oils,katha, margarine, milk powder, etc. have also been laid down.

With effect from 22.2.95, on person shall sell powdered spices except in packed form. No person shall sell or serve food in any commercial establishment in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic

 Purchaser May Have Food Analyzed

A purchaser of any article of food, or a recognized consumer association, may also get an article of food analyzed by the public analyst on payment of the prescribed fees, provided that the vendor is informed of this intended action at the time of purchase. Thereafter, the purchaser or the consumer associations, have to follow the same procedure as discussed above in the case of Food Inspectors. If the article of food is found to be adulterated, the fees paid by the purchaser or the association shall be refunded.

Offences and Penalties

• Import, manufacture, storage, sale or distribution of any food article which is adulterated by allowing its quality or purity to fall below the prescribed standard, or is misbranded, or in contravention of any provision of the Act or Rules. Penalty is minimum imprisonment of six months that may extend upto 3 years and minimum fine of Rs 1000.
• Import, manufacture, storage, sale or distribution of any adulterant not injurious to health. Penalty is minimum imprisonment of six months that may extend upto 3 years and minimum fine of Rs 1000
• Preventing a Food Inspector from taking a sample or exercising his powers. Penalty is minimum imprisonment of six months that may extend upto 3 years and minimum fine of Rs 1000
• Giving a false warranty in writing in respect of any food article. Penalty is minimum imprisonment of six months that may extend upto 3 years and minimum fine of Rs 1000
• Import, manufacture, storage, sale or distribution of any food article which is adulterated within the meaning of any of the sub-clauses (e) to (l) of section 2(ia); or any adulterant which is injurious to health. Penalty is minimum imprisonment of one year that may extend upto 6 years and minimum fine of Rs 2000
• Sale or distribution of any food article containing any poisonous or other ingredient injurious to health, which is likely to cause death or grievous bodily harm. Penalty is minimum imprisonment of three years that may extend upto life and minimum fine of Rs 5000

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Medical Negligence

Medical Negligence

Professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury or to loss of life.

Consumerism is now firmly established in the medical practice and the notion that blame may be attributed and compensated has a high priority

Who is a consumer?, What is a service?, What constitutes deficiency?

A consumer is any person who hires or avails of any services for a consideration, and includes any beneficiary of such service other than the person who hires or avails of the service, when such services are availed of with the approval of the first mentioned person.

Service means service of any description which is made available to the potential users, but does not include rendering of any service free of charge or under a contract of personal service.

Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

Duties owed by a medical practitioner

In general, a professional man owes to its client a duty in tort as well as in contract to exercise reasonable care in giving advice or performing services. Medical practitioners from all fields of medicine such as Allopathic, Homeopathy, Naturopathy can be liable under the Consumer Protection Act. Duties which a doctor owes to his patient are clear

• A duty of care in deciding whether to undertake the case,
• A duty of care in deciding what treatment to give.
• A duty of care in the administration of that treatment.
• A breach of any of these duties gives a right of action for negligence to the patient.

The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judge in the light of the particular circumstances of each case is what the law requires

When Does a Medical Service Fall Under The Consumer Protection Act

A medical service falls under the purview the Consumer Protection Act in the following cases:

• Service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis and treatment, both medicinal and surgical.
• Service rendered at a non-Government hospital/Nursing home where charges are required to be paid by the persons availing such services.
• Service rendered at a non-Government hospital/Nursing home where charges are required to be paid by persons who are in a position to pay and persons who cannot afford to pay are rendered service free of charge, irrespective of the fact that the service is rendered free of charge to persons who are not in a position to pay for such services. Free service, would also be "service" and the recipient a "consumer" under the Act.
• Service rendered at a Government hospital/health center/dispensary where services are rendered on payment of charges and also rendered free of charge to other persons availing such services irrespective of the fact that the service is rendered free of charge to persons who do not pay for such service. Free service would also be "service" and the recipient a "consumer" under the Act.
• Service rendered by a medical practitioner or hospital/nursing home if the person availing the service has taken an insurance policy for medical care whereunder the charges for consultation, diagnosis and medical treatment are borne by the insurance company.
• Where, as a part of the conditions of service, the employer bears the expenses of medical treatment of an employee and his family members dependent on him, the service rendered to such an employee and his family members by a medical practitioner or a hospital/nursing home would not be free of charge and would constitute service.

When Does a Medical Service Not Fall Under The Under The Act

A medical service does not fall under the purview of the Consumer Protection Act in the following cases:

• Where service is rendered free of charge by a medical practitioner attached to a hospital/Nursing home or a medical officer employed in a hospital/Nursing home where such services are rendered free of charge to everybody. The payment of a token amount for registration purpose only at the hospital/nursing home would not alter the position.
• Where a service rendered at a non-Government hospital/Nursing home where no charge whatsoever is made from any person availing the service and all patients (rich and poor) are given free service. The payment of a token amount for registration purpose only at the hospital/Nursing home would not alter the position.

Remedies Available in Case of Medical Negligence

A consumer has the option to approach the Consumer Forums to seek speedy redressal of his grievances or file a criminal complaint.

Where to File a Complaint

How to File Complaint

Checklist to File a Case

1. Retain prescription, bills and references.
2. Maintain medical history records.
3. Consent given by the patient or close relative can be used as evidence in the court.

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Alimony in India

Alimony in India

Though alimony is a very important matter to deal with during the litigation of a divorce case, the very perception of right to claim the financial support for post divorce maintenance was not quite a familiar concept among the Indian divorce seekers, especially women few years back. Since the rate of divorce is increasing in India at a rapid speed, people are becoming aware of the various details related to divorce laws. The era of feminist campaigns and spread of education among women, have contributed to the growing applicability of alimony in divorce cases.

The alimony or the spouse support is an obligation by laws in almost all the countries of the world. It is expected that both the spouses irrespective of gender must bear the maintenance support during and after marriage.

The concept of alimony came in vogue due to the indissolubility nature of marriage. According to marriage conventions, marriage is a sacred union. Once the knot is tied, the duties and obligations of marriage are to be carried out for the rest of the life even if there is mental disparity or physical separation between the husband and the wife. The husband is bound to take up the responsibilities for the maintenance of his wife in spite of sharing an estranged relationship. As time changed, the laws and education empowered woman and divorce came as a spontaneous solution for an unsuccessful marriage.

The present society treats men and women equal, as a result the burden of alimony can now fall upon either side of the party depending upon the financial circumstances of the spouses. Even though in the present age of equality, both men and women are equal before the law, in practice men are more liable to provide interim support to his ex- spouse during the litigation procedure.

After divorce either of the spouse has the right to claim alimony. Though not an absolute right, it can be granted by the court depending upon the circumstances and financial conditions of both the spouses.

The following are the conditions depending on which alimony is awarded by the court.

·         Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support.

·         In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid.

·         Only under certain compelling situations the court steps out to change the already framed alimony. Sometimes the court might even hand over the burden of paying for the maintenance to a public body.

The following are the factors that influence the duration and amount to be paid as alimony.

·         The amount and duration of alimony generally depends upon how long the marriage existed. Marriages that lasted more than 10 years are entitled to be granted a lifelong alimony.

·         Age of the spouse is also taken into consideration while awarding alimony. Normally a young recipient of alimony gets it for a short period of time if the court thinks that he or she will soon be able to become financially sound through prospective career excellence.

·         Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony.

·         The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount.

·         If one of the spouses is suffering from poor health, the other is subjected to payment of high alimony to ensure proper medication and well being of the other spouse.

The terms and conditions of payment of alimony in India vary from one personal law to another. None of the Indian personal laws are spared from criticism due to existence of laws in framing definite rules for granting alimony.

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NRI Divorce

NRI Divorce

There is a growing trend among Indian men and women to get married to NRIs. The desire to settle in a foreign country for better quality of life inspires Indians to tie knots with NRI brides and grooms. The statistics show that 225 women from metros get married to NRIs every year, and out of this almost 25 are either deserted by husbands or want to end their marriage due to reasons of deception or hiding facts. In light of this it is very important for Indians who get married to NRIs to be aware of laws related to NRI divorce.

Most of the Indian females are crazy about getting married to NRIs. Their parents also want to marry off their daughters to foreign based Indians who can provide a better quality of life and home. The parents are ready to churn out any amount of cash for foreign based grooms. They spend huge money in wedding as well as giving dowry to the boy’s family.

However, many of such marriages end in divorce. Some common situations that lead to NRI divorce are:

·      The NRI spouse already has another spouse, and in some cases children also, settled with him abroad. In most of the cases the groom does not take the bride with him leaving her behind with parents. But when the reality is disclosed the girl’s family seeks divorce for their daughter.

·     The NRI spouses inflate their possessions in the foreign country - home, vehicle, high paying job, but actually might not be in a position to support a family after marriage.

·      The lifestyle of the NRI spouse is too much advanced for the Indian spouse to keep pace with him or her. The NRI spouse feels that he or she is not suitable as a partner and seeks divorce on the grounds of incompatibility.

A person who has married an NRI, seeking divorce should be aware of the basic laws related to NRI divorce.

·  If both the spouses are Indians and have been married under Hindu marriage Act, 1955 then they can seek divorce with mutual consent under section 13-B that provides for divorce by mutual consent.

·    If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.

There are not many laws that protect the interest of Indians married to NRIs. However, due to rise in the number of troubled marriages among Indians and NRIs, the government is initiating non- government organizations in India and abroad which can guide Indian men and women who are married to NRIs and residing abroad. They offer counseling, legal advice, and moral support in the event of divorce and separation. Even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in dealing with Indian divorce laws related to NRIs.

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Grounds for Divorce in India

Grounds for Divorce in India

The secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India.

1. Grounds for Divorce under the Hindu Marriage Act, 1955

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

·         If the husband has indulged in rape, bestiality and sodomy.

·    If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

·      A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

·     If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

2. Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939

Based on the Dissolution of Muslim Marriage Act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.

·         The husband’s whereabouts are unknown for a period of four years.

·         The husband has failed to provide maintenance to the wife for at least two years.

·         The husband has been under imprisonment for seven or more years.

·         The husband is unable to meet the marital obligations.

·         If the girl is married before fifteen and decides to end the relationship before she turns eighteen.

·         The husband indulges in acts of cruelty.

3. Grounds for Divorce under the Indian Divorce Act, 1869

The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.

·     Adultery

·      Conversion to another religion

· One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.

·         Not been seen or heard alive for a period of seven or more years.

·     Failure in observing the restitution of conjugal rights for at least two years.

·      Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.

·   Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

4. Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (Amendment 1988)

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.

·         Continuous absence of seven years.

·         Non-consummation of marriage within one year.

·     Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.

·         Pregnancy by some other man, provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.

·     Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.

·         Act of cruelty

·         Suffering from venereal disease or forcing the wife into prostitution.

·         Sentenced to prison for seven years or more

·         Desertion for two or more years

·   Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

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Mutual Divorce in India

Mutual Divorce in India

If you are planning to get a divorce, mutual divorce should always be preferred to a contested divorce. Obtaining divorce through mutual consent is quite advantageous as it saves both time and money. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. Any marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.

Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and will have to fight the divorce for several months. The Indian judicial law believes that the extended time span might work out well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever.

A Brief Outline of the Procedure of Mutual Divorce in India

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.

A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.

       Custody of Child

       Return of Dowry Articles / stridhan of Wife

       Lump Sum Maintenance amount of Wife

       Litigation Expenses

For a mutual divorce in India, it’s always advisable to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done 

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Divorce Procedure in India

Divorce Procedure in India

Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce, you should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years. The long distressing process of divorce will be easier for you to handle if you have a firm determination to get the divorce.

Due to existence of various religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.

Divorce procedure in India is based on the following acts.

1.     The Hindu Marriage Act, 1955

2.     The Parsi Marriage and Divorce Act, 1936

3.     The Dissolution of Muslim Marriage act, 1939

4.     The Parsi Marriage and Divorce Act, 1936

5.     The Special Marriage Act, 1956

6.     The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the Government of India to make the present day divorce procedure more progressive with respect to gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For inter-caste and inter-religion marriages, the divorce laws are permitted under the Special Marriage Act, 1956.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different Indian religions.

Getting a divorce through mutual consent should always be preferred over the contested divorce as the procedure of getting a mutual divorce is simpler in comparison to that of the other. For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.

The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.

A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. In case one of the sides withdraws his/her petition, the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.

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