Exploring the implications of the New Divorce Rule 2023

In 2023, the family court has made a significant decision on divorce law. The judgment has come after years of lobbying from various groups and individuals to make changes to the existing law. The new law aims to make the process of divorce more straightforward and less confrontational for both parties involved.

Under the new law, couples will no longer have to provide evidence of their partner’s fault or wrongdoing, such as adultery or unreasonable behavior, to apply for divorce. Instead, they can simply state that their marriage has irretrievably broken down, and it will be enough to obtain a divorce.

Article 142 of indian constitution on divorce

Article 142 of the Indian Constitution gives the Supreme Court of India the power to make any order necessary for doing complete justice in any matter pending before it. This power is very broad and discretionary, allowing the Supreme Court to pass any order that it deems fit to ensure justice is served in a particular case.

However, the specific provisions for divorce in India are found in various personal laws, such as the Hindu Marriage Act, the Muslim Personal Law (Shariat) Application Act, the Parsi Marriage and Divorce Act, and the Special Marriage Act, among others. These laws outline the grounds for divorce, the procedures for obtaining a divorce, and the rights and obligations of the parties involved.

The judgment also makes changes to the time frame for the divorce process. Currently, couples have to wait for two years of separation before they can apply for a no-fault divorce. Under the new law, the waiting period will be reduced to six months, making it easier for couples to obtain a divorce without the need for lengthy separation.

Furthermore, the new law will introduce a 20-week timeframe for the whole divorce process, from the time of application to the divorce being granted. This means that couples will have to wait no longer than 20 weeks to obtain a divorce, making the process quicker and less stressful.

Conclusion

The recent judgment on divorce law in 2023 is a significant step towards making the process of divorce more straightforward and less confrontational for couples. It aims to reduce the stress and emotional turmoil that often accompanies the divorce process by eliminating the need for couples to provide evidence of wrongdoing. The new law also makes the process quicker and easier, reducing the waiting time for couples seeking a divorce. Overall, this judgment is a welcome change that will undoubtedly make a positive impact on the lives of many people going through a divorce.