Question 1

What is the cooling-off period in a mutual consent divorce?

Accepted Answer

Under the Hindu Marriage Act, there is a statutory waiting period of six months between the first and second motions to allow parties time for reconciliation. However, the Supreme Court has ruled that family courts can waive this period if all efforts at mediation have failed and waiting will only prolong the agony.

Question 2

On what grounds can a contested divorce be filed?

Accepted Answer

Common grounds for contested divorce include cruelty (mental or physical), adultery, desertion for a continuous period of two years, conversion to another religion, mental disorder, or venereal disease in a communicable form.

Question 3

How is alimony and maintenance determined by the courts?

Accepted Answer

Courts calculate alimony based on the income and assets of both spouses, the standard of living maintained during the marriage, the financial needs of the dependent spouse, and responsibilities towards children. The goal is to ensure the dependent spouse can maintain a lifestyle similar to that enjoyed during the matrimony.

Divorce & Family Law

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