How to amend a divorce decree

Bydeb

How to amend a divorce decree

Marriage is a family affair and so is a Divorce. If the parties decide to go for divorce, they can either apply for divorce by mutual consent or go for contested divorce.

When we discuss the concept of modifying the divorce decree it is to be noted that this is not available as a remedy to everyone. In India, the concept of amendment of a divorce decree has not been addressed under law specificallly. However, the concept of alimony and maintenance amendment has been exclusively defined under the heading of permanent alimony. Apart from this limitation, some personal laws have not even mentioned the amendment of a divorce decree in India.

Let us start by analysing what this concept talks about:

Under the Indian Divorce Act, 1869 – Section 37 mentions power to order permanent alimony.
Under this provision the Court has power to pass orders on account of changed circumstances after a decree for divorce has been passed.

Under The Hindu Marriage Act, 1955 – Section 25(2) mentions Permanent alimony and maintenance.

Here they have changed the concept slightly to accommodate the right to wife for permanent alimony and maintenance. The court has the power to grant such amount of maintenance to the party and If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1) (where the court has power to grant a sum of amount as alimony), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

Under The Parsi Marriage and Divorce Act, 1936 – Section 40 mentions Permanent alimony and maintenance yet again and gives the same meaning to it as under the Hindu Marriage Act, 1955.

Here as well the Court has the power to grant such amount of maintenance as it deem fit. Again if there is a change in the circumstances of the parties the court may either party, vary, modify or rescind an such order in such manner as it may deem fit.

Under The Dissolution of Muslim Marriages Act, 1939 and The Muslim Women (Protection of Rights on Divorce) Act, 1986 – There is no such power vested with the Court where it can amend the decree of divorce for alimony grounds. But here comparatively Section 125 of Criminal Procedure Code can come into play where the party can approach the court for maintenance as a separate right than the right under these acts.

Above mentioned interpretation of laws are for information purpose only. Consultation from a lawyer should be taken before filing an application for amendment of a decree of divorce.

About the author

deb administrator

Leave a Reply