Divorce Process In India

As we know that marriage relationship is a sacred relationship, There is a relationship of birth. When there is some sourness in the relationship between a husband and wife, the main reason for this is that there is a financial or illicit relationship, Due to this, there is a rift in the relationship, and the desire to live with each other ends when there is no relationship then the husband or wife Wanting to end the marriage relationship, this is called divorce

Divorce can be divided into three categories

  • There are grounds on which both husband and wife can divorce equally
  • Such grounds of divorce that only the wife can divorce
  • Such a divorce can be divorced by mutual consent, let us talk about it, first of all, there are grounds on which both husband and wife can divorce. and he has to give evidence in that court

More read: Divorce Lawyer At Dwarka Court New Delhi India

There are grounds on which both husband and wife can divorce equally :

Adultery: –

Adultery under section 13(1)(I) of Hindu marriage act 1955, on this ground, can do take a degree it is meaning any party have sexual relation with another person on this ground can take divorce, After the solemnization of marriage, if any wife or husband has had sexual intercourse with a different person, its direct evidence is not possible, so it can be proved from the Circumstantial Evidence

Cruelty:

Cruelty under section 13(1)(Ia) of Hindu marriage act 1955, on this ground, can do take a degree This means cruelty can be in mental and physical form. If the parties have treated each other with cruelty, it becomes difficult for them to live together, on this ground, the decree of divorce can be taken for cruelty to any part of the body, to life, health, physical or mental danger or having a reasonable apprehension of

Desertion: –

it is meaning of desertion that any married person, the party to the marriage has deserted without any cause and consent or permanent left .when any petitioner ( the party to the marriage ) left permanently or desertion for over 2 years or more, he /she can file a petition for the divorce

Conversion:

when spouse converted to another religion and accept another religion. he/she follow another religion, based on this, they can get a divorce decree

Unsoundness of mind

a party to the marriage has been suffering from a mental disorder or has been suffering from intermittent mental illness. A person can file for divorce

Leprosy :

a party to the marriage has been suffering from leprosy illness, on this ground .he /she can file a divorce petition

Venereal Disease :

Venereal Disease: either party to the marriage has been suffering from venereal disease,

Presumed death :

Where a party to the marriage has missed over 7 years or more and his and his family and his relatives did not hear alive

Decree of judicial separation :

either party to the marriage has after obtaining of the degree of the judicial separation, did not a relation of cohabitation over the one years

Such grounds of divorce that only the wife can divorce

Bigamy

before marriage husband has married another woman and she is alive . on this ground, a woman has the right to get a divorce.

Rape and unnatural sexual offense by husband

The offense of rape, adultery or bestiality by the husband so wife can file divorce this ground

Decree of maintenance :

The order passed against the husband under section 125 of crpc. or Hindu adoption and maintenance act,1956, as such husband and wife did not cohabitation each -other for the time of over one year and more.

Option of Puberty :

where any married woman has got marriage before of 15 years,but cancel marriage not complete before age of 18 years

Divorce by mutual consent

Both parties are ready for the dissolution of marriage, both parties can file a divorce petition, both parties can get a divorce decree .

Vikas Shukla is a lawyer and writer of blog. He writes on various law topics like crime, civil, recovery and family matters. He is a graduate in law who deals and practices with criminal matters, civil matters, recovery matters, and family disputes. He has been practicing for more than 5 above years and has cases from all over India. He is honest and hardworking in his field. He helps people by solving their legal problems. His blog provide valuable insights about law topics which are helpful for people.

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