With the implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Nyaya Sanhita (BNS), 2023, the legal landscape for families has evolved.
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With the implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Nyaya Sanhita (BNS), 2023, the legal landscape for families has evolved. However, a distinction must be made between criminal/protective procedures (BNSS) and civil divorce procedures (CPC).
1. The Substantive Law (The "Why")
The right to a mutual consent divorce is still governed by personal laws:
2. The Procedural Shift (The "How")
While the Code of Civil Procedure (CPC) remains the primary engine for divorce suits, the "spirit" of the BNSS and BNS has modernized the process in Family Courts:
3. The Two-Motion Process
The procedure follows a structured timeline to ensure the decision is not made in haste.
|
Stage |
Description |
Timeline |
|
First Motion |
Joint petition filed; statements recorded by the Judge. |
Day 1 |
|
Cooling-off Period |
A mandatory period to explore reconciliation. |
6 Months* |
|
Second Motion |
Final confirmation of the intent to divorce. |
6–18 Months |
|
Final Decree |
The court dissolves the marriage legally. |
Post-Second Motion |
|
*The 6-month wait can be waived by the court in cases of extreme hardship (Amardeep Singh v. Harveen Kaur). |
4. Key Improvements in the New Era
Summary of Benefits
Correction Note: Always remember that while you might use BNSS Section 144 for maintenance, the divorce petition itself is filed under the Hindu Marriage Act and follows the CPC procedure
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