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How to get divorce in tamil|grounds for divorce|recent supreme court judgements|MASKMOONJI| in Tamil - YouTube
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In this video , we are going to see about What is divorce ?..
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..On what ground divorce will be given ?
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..and the restrictions and conditions in getting divorce
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Section 13 of Hindu Marriage Act 1955 lays down the rules for divorce
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Divorce means bringing a marriage to an end
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If any of the party (husband or wife )
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...decides to dissolve the marriage
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...they can proceed with divorce
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Because divorce need not be mutual all the time
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If any of the party are not satisfied with their relationship, can apply for divorce
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But there are few grounds
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If any of those grounds are fulfilled
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you are eligible for divorce
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Let us see the grounds one by one
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The legal term for 'reasons' is grounds
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If the reason for which you are getting divorce
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..match any one of the reasons given under law
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..you can apply for divorce based on that ground
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The first ground is
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You can apply for divorce
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..if your partner has voluntary sexual intercourse
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...with any other person(Adultery)
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Second ground is
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You can apply for divorce
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..if your partner treats you cruelly
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Third ground is
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You can apply for divorce
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...if your partner have abandoned you for 2 years(Desertion)
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Fourth ground is
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You can apply for divorce
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If you partner convert his/her religion without your consent (Conversion)
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Fifth ground is
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You can apply for divorce
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If your partner has been incurably of unsound mind
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...and if you cannot reasonably be expected to live with your partner
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Sixth ground is
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You can apply for divorce
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...if your partner is affected by an infectious disease (Leprosy)
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...which is transmitted from one person to another
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Seventh ground is
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You can apply for divorce
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...if your partner suffers from venereal disease which is in communicable form
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Next ground is
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You can apply for divorce
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...if your partner decides to renunciate the world
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...and walk on the path of the god
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Last ground is
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You can apply for divorce
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...if you or your partner's family & friends
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...does not hear any news
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...about your partner alive or dead for 7 years
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It takes several days to deliver judgement for a divorce case
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First , both the parties will be asked to appear before court
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After hearing both the party's statements
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...the court will search for any other alternative ways
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...to settle the misunderstanding between the parties
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In our Hindu system
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The principle one woman for one man and vice versa is followed
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So the court's aim will be to settle the problem between them
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...and not to separate them
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There are some alternative relief in divorce proceedings
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There are two types of alternative relief
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First is Restitution of Conjugal rights
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Under Restitution of Conjugal rights , both parties will be given a period of 1 year to live together
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After 1 year if the aggrieved party is still not satisfied with the guilty party
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...they can continue with the divorce proceedings
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Second alternative relief is Judicial Separation
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Judicial separation is the suspension of marriage for 1 year
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It is a medium to give some time for self analysis to both the parties of a disturbed married life
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Law gives a chance to both the husband and wife to rethink about
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...the extension of their relationship while at the same time guiding them to live separately
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After this also if the parties do not want to live together
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...they can approach the court for divorce
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Next is divorce by mutual consent
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Section 13B tells about mutual consent
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Divorce by mutual consent means
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..both the parties agrees mutually to dissolve their marriage
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For couples who go for filing divorce by mutual consent are given 18 months time
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If they withdraw the petition during the 18 months
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...this case will be dismissed
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But if they doesn't withdraw , they can approach the court for divorce
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If the court thinks that this 18 months is not necessary for the parties ,
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...it has every power to reduce that period
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