Marriage Could Be Termed As A Social Legal Contract Between Spouses Who Expect To Live With Each Other For The Rest Of Their Lifetime. A Marriage Ceremony Is Arranged To Ascertain That They Have Taken A Decision To Live Together. However, For Certain Reasons, There Are Some Couples Who Would Like To End Their Marriages. A Person May Have Physical Or Mental Problems Which May Lead Him Or Her To Take This Decision.
The Types Of Divorce In India
Two Different Types Of Divorces Are There As Per Law In India.
When Two Parties, Who Have Mutually Decided To Divorce, Their Agreement To Separate Will Be Called Mutual Consent Divorce. In These Situations, The Parties To The Marriage, I.E. Husband And Wife Would Only Have To Affirm Before The Court That They Wish To End Their Marriage And After The Procedure Has Been Completed, Divorce Will Be Granted.
In A Contested Divorce, On The Other Hand, One Partner Is Willing To End The Marriage While The Other Wishes To Continue The Marriage. In This Situation, Legal Grounds For Divorce Would Have To Be Proved By The Party Who Applied For Divorce. For Further Advice On The Subject, On The Basis Of The Facts Of Your Case, It Is Advised That You Contact An Experienced Divorce Lawyer In Delhi Or Your Own City.
Valid Grounds For Divorce-
Grounds For Divorce, As Has Been Provided By The Law Have Been Mentioned Here Under-
Adultery
The Apex Court Struck Down Adultery As A Criminal Offence, Which Was Previously A Punishable Offence Under The Indian Penal Code, 1860. However, Adultery Still Remains A Ground For Divorce In India. The Rule Would Also Apply To Couples Being Governed Under The Special Marriage Act As Well.
Desertion
In A Situation Where One Of The Partners Had Intentionally Abandoned Or Left The Company Of His Or Her Partner And Is Living Separately, No Cohabitation Took Place Between The Partners For A Long Period Of Time, It Can Be Termed As Desertion Under The Matrimonial Laws.
Imprisonment
When One Of The Partners Has Been Imprisoned For A Period Of 7 Years Or More, The Other Spouse Could Apply For Divorce On The Grounds Of Imprisonment And Will Get Legally Separated.
Cruelty
Cruelty Is A Ground For Divorce In India For All The Religious Laws, However, No Universal Definition Is There As To What May Be Called As A Cruelty In A Marriage. Cruelty Could Be Both Physical As Well As Mental.
Unsound Mind
In Case One Of The Spouses Is Of Unsound Mind And Such Unsoundness Or Insanity Is Not Curable With Medical Treatment, Which Makes It Impossible For The Partner To Stay In The Company Of Such Spouse.
Venereal Disease
If Either Of The Partners Is Suffering From Sexually Transmittable Diseases (Std), Also Known As Venereal Diseases, I.E. Diseases Which Could Be Transferred Through Sexual Intercourse, The Other Partner Can Apply For A Divorce.
Presumption Of Death
If A Person Is Not Heard Of To Be Alive For Years By His Friends Or Family Who Would Have Normally Heard From Him/ Her. In Such Circumstances, The Law Occasionally Permits The Excluded Spouse To File For Divorce So As To Begin Anew.
Has Ceased To Follow Religion
When A Person Ceases To Be A Hindu, Parsi Or Christian And Has Converted To Any Other Religion, His Or Her Spouse Can File An Application For Divorce On Grounds Of Religious Conversion. For Muslims, When The Wife Converts To Another Religion, A Decree From The Court Would Be Necessary In This Regard, Conversion Itself Won’t Simply Mean A Dissolution Of Marriage.
Some Other Grounds Are Also Available In Addition To The Above Mentioned Grounds For Divorce-
Special Marriage Act Divorce Grounds Provided To Wife
When The Husband Is Found Guilty Of Rape, Sodomy Or Bestiality, His Wife Can Apply For A Divorce.
After An Order For Maintenance Has Been Passed By An Appropriate Court Under Section 18 Of The Hindu Adoptions And Maintenance Act, 1956 Or Under Section 125 Of The Code Of Criminal Procedure, 1973, And There Has Been No Cohabitation For A Year, The Wife Can Apply.
In Case There Is An Absence Of Resumption Of Cohabitation Or Restitution Of Conjugal Rights For More Than A Year, One May Apply For Divorce.
Conclusion-
In Ancient Times, There Wasn’t Any Concept Of Divorce In Indian Culture, However With Changing Times The Society Has Started Accepting New Changes. The Very Purpose Of Divorce Is To Help The Couples Continue Their Life Anew In Case They Are Not Living A Happy And Peaceful Life With Their Current Partner As Marital Life Is Not Always Roses And Rainbows. In Case You Face Problems In Your Marriage And Have Decided To Finally End It, It Is Advised That You Seek Legal Advice From Experienced Divorce Lawyers In Delhi Or Divorce Lawyers Near You.
Lead India Is A Leading Law Firm Which Offers You A Team Of Experienced Advocates Who Have Been Successfully Dealing With Similar Cases Related To Divorce, Maintenance, Child Custody, Etc. If You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online, You May Contact Us.
Source:-
Visit Us: — Https://Www.Leadindia.Law
Call Us: +91–8800788535
Email: Care@Leadindia.Law
Facebook: — Https://Www.Facebook.Com/Leadindialaw
Linkedin: — Https://Www.Linkedin.Com/Company/76353439
Twitter: — Https://Twitter.Com/Leadindialaw
Pinterest: — Https://In.Pinterest.Com/Lawleadindia
Instagram: - Https://Www.Instagram.Com/Leadindialawofficial
Comments