Husband will get maintenance A deserving husband of a woman married under the Hindu Marriage Act, 1955 has every right to get maintenance. But no other law of similar kind…
The Section 15 of the Hindu Marriage Act is the provision that deals with the eligibility of a divorced person to remarry after the issue of a divorce decree by the trial court.
After the decree of divorce, both the parties have to wait at least for 90 days for getting married with someone else again.
A divorced woman, who files an application before the Magistrate court as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005 (DV Act), can claim a bunch of remedies, except residence in a shared household.
Cruelty is an adequate ground for dissolving a marriage solemnized under a valid law, on a petition filed by either of the party in marriage. But what constitutes cruelty is not spelt out in law. This creates some confusion among the stakeholders of divorce petition and they bring in anything and everything under the sun as an instance of cruelty to get a quick divorce which the law has never envisaged at all.
On one hand the women continue to suffer under violence with no much hope for the victims to have easy access to justice despite having those laws on our statute book. On the other, some of these provisions are largely being misused by educated and powerful sections of disgruntled women as a sharp weapon, rather than a shield, to harass their innocent husbands and their relatives.