Indian Law regarding 6months before divorce

I live in USA, but visit India whenever we can. I've heard from one of my lawyer uncle in India that divorce law is not same for all religions. But then why do the serials/movies always show that husband and wife has to stay together for 6months before the divorce? Is this a law in India or the makers just made it? As to me the whole thing seems like a crap. Specially why two people who want to be separate will live together in a same house? What if the husband is abusive, rapist etc? Is this okay for a woman to live with a monster like that? Specially by the order of court, how come a woman has to live with that man in his house? Will court give her protection in that house for every second? Specially in India and in this serial Shraddha has to live with a bunch of goons . What is this romantic love story? How horrible is this ? To take tortures from a family who didn't let her see her grandmother while she was dying. Yes she escaped and her coward husband/lover let her escape etc. But is this possible for anyone to forgive such kind of man and call him "my love" etc.?

Specially now that guy is making her stay outside the house for whole night, in front of some goons. Keya yeh payar hai? Or is this a husband should do? Or a law should force? How come a law force a girl to be tortured like this? Still they call it relationship? Love? Marriage? So disgusting . I just feel like puke on that guy every time he utters he loves her? 😡😡😡

A guy who is not even a man enough to leave the village , go out, earn by himself and take the responsibility of his so called love of life? Specially if he really loves her and knows his mom a bitch---------he should do something against his mom's illegal business. A criminal is a criminal no matter it's your mom or dad. That's what religions society, morality teach us. And showing how a woman may get tortured by her in laws if she wants a divorce----------is such a criminal offense created by the movie/serial makers. I should call it violence against woman supported and promoted by the media in the name of "love" , or should I call this "sadistic, abusive sickness".😡 Why do they show it all the time that husband and wife has to stay together for 6months before divorce? Is this really a law in India? Can anyone enlighten me about the law? Cuz I just can't believe it. How is this possible?

this is indian serial dude nt american serial where u can get drunk in vegas n get married and in india whn u dont hav any domestic violence issue u need to stay together for 6 months n try to work out the realtionship and i think this is also what was shown in a movie WHAT HAPPEN IN VEGAS no offense just sayin😊😊

Originally posted by: neha.makwana

this is indian serial dude nt american serial where u can get drunk in vegas n get married and in india whn u dont hav any domestic violence issue u need to stay together for 6 months n try to work out the realtionship and i think this is also what was shown in a movie WHAT HAPPEN IN VEGAS on offense just sayin😊😊

No hus & wife will b forced to live together before divorce,if there r jenuine reasons like adultry,cruelty,etc etc..But they will b asked to live seperately before divorce is granted. Here shradha has nt given any negative points about sher.so ,that s why.here they r asked to live together. Thete is no need they should share anything together.inside the house.

i dint mean to hurt her i just ment that indian serials are illogical where a person dies and come back also😛 ofc it dosnt matter where u live you should be a true indian from heart 😳 and thats the beauty of indian they spread love... and the movie was just an example... m so sorry if i hav hurt anyone... its my mistake i think i kept my view in a wrong way

I had to comment on ur post..u r right what they show in their serial is just a pinch of the entire law... here how it exactly is even what i'll tell its just another part its has more rules and clauses..:-
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:
Divorce by Mutual Consent
Contested Divorce
1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.
2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.
Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.
VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.
Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.
Maintenance
Maintenance flows from the concept of marriage. The question of maintenance is not dependent upon the divorce proceedings. Even before the case of divorce is filed, Indian Law provides the right to claim maintenance through the medium of the Court.
If we look at the entire gamut of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage:
Section 125 Criminal Procedure Code( Cr.P.C.)
Section 20 of Protection of women from Domestic Violence
Section 18 of Hindu Adoption and Maintenance Act
Section 24 of Hindu Marriage Act
Section 25 of Hindu Marriage Act
A general conjoint reading of the aforesaid provision makes it amply clear that the objective of law is to provide maintenance to the Spouse who does not have sufficient means to maintain himself/herself by the one who has capacity and means to provide maintenance. The object is salutary and the scheme appreciating.
A cursory look at the past practices and belief is a clear cut indication of the fact that it is the man who has been bestowed with the power, capacity and capability to look after the family. Womanhood is expected to take care of the domestic chores while men were held responsible for all financial support to the family.
Law is expected to change with time. So, when women starting assuming proactive roles in the society, then maintenance law in India took care of this fact and brought the working men and women in the same pedestal. In number of cases, it was held that Husband is entitled to maintenance if he does not have sufficient means and the wife is working.
While awarding maintenance, Court considers following factors among other:
Status of the husband and wife.
Salary/ Income of the husband
Salary /Income of the wife
Liabilities of husband, if any
Dependants
Reasonable wants of claimant.
Financial Background
Movable & Immovable properties of the Husband
Though there is no fixed formula to arrive at the calculation of maintenance. Yet, the figure hovers around 30% to 40% of the salary/income.
It will be a no defence in case of maintenance that other spouse is at fault or marriage is solemnised on the strength of fraud, the other claimant wilfully and without reasonable cause left the society of the spouse, etc. Court awards maintenance on the strength of marriage and conduct of the party could play a part in determining the quantum of maintenance. Thus, as a matter of general rule maintenance is awarded.
The Job of Divorce/maintenance lawyer as well as the Court is to have an award of reasonable maintenance depending upon the status of the parties.