Divorce is a mere word but the lives of a number of people are affected. People who are in a toxic relationship often have the belief that they could end the marriage at their sweet will. They are often not aware of the fact that it is the law and various other reasons which decide how a marriage is going to end, as some laws provide conditions regarding marriages, similar for divorce, some conditions are applied as well.
The Types of divorce in India
Two different types of divorce have been provided as per law in India. When two parties, who are directly involved with their decision to divorce, their agreement to separate shall be called mutual consent divorce.In certain situations, the marriage's parties, i.e. husband and wife are only required to affirm before the court that they wish to end their marriage and after the required process, divorce shall be granted.
In a contested divorce, on the other hand, one of the partners is willing to end the marriage while the other wishes to continue the marriage. In these situations, legal grounds for divorce are required to be proved by the party who has filed for divorce. You are encouraged to speak with knowledgeable divorce lawyers in Delhi or your local city for additional guidance on the subject based on the specifics of your case.
Valid Grounds for Divorce in India?
Adultery
Though the Apex Court has struck down adultery as a criminal offence which was previously provided under the Indian Penal Code, 1860. But, adultery still remains a ground for divorce in India. The rule will also apply to couples who are being governed by grounds for divorce under the Special Marriage Act as well.
Desertion
In a situation where one of the spouses intentionally abandons or leaves the company of his/her partner and is living separately and there has been no cohabitation for a long period of time, it can be termed as desertion under the matrimonial laws.
Imprisonment
The other spouse may file for divorce on the basis of imprisonment and become legally separated from the other if one spouse has served seven or more years in prison.
Cruelty
Cruelty has been included as a ground for divorce in India for all the religious laws, however, no universal definition is there as to what may constitute cruelty in a marriage. Both physical and emotional brutality are possible.
Unsound Mind
In case the spouse is of unsound mind and such unsoundness or insanity is incurable with medical treatment, hence making it impossible for the partner to stay in the company of such spouse. Hence providing him a ground for divorce.
Venereal Disease
Sexually transmittable diseases (STD), also known as venereal diseases, i.e. diseases which are communicable through sexual intercourse, if either of the partners is suffering from it, then the other partner would be granted divorce.
Presumption of Death
If a person is not heard of to be alive for years by such persons who would normally have heard from him/ her, hence there is no direction left for life. In certain circumstances, the law occasionally permits the excluded spouse to file for divorce in order to begin anew.
Has Ceased to Follow Religion
If a person has ceased to be a Hindu, Parsi or Christian and has converted to another religion, his/her spouse may file an application of divorce on the grounds of religious conversion. In case of Muslims, if a wife who converts to another religion, a decree from the court would be required in this regard, conversion itself won’t simply result in dissolution of marriage.
In addition to the above mentioned grounds for divorce, there are some other grounds available-
Special Marriage Act Divorce Grounds provided to Wife
In case the husband is found guilty of rape, sodomy or bestiality, his wife may seek divorce.
The wife may petition once a year has elapsed without cohabitation and an appropriate court has issued an order for support under Section 18 of the Hindu Adoptions and support Act, 1956, or under Section 125 of the Code of Criminal Procedure, 1973.
Divorce grounds would be applicable if there had been no return to cohabitation or restoration of conjugal rights for more than a year.
Conclusion-
In the previous times, there was no concept of divorce in the Indian culture, but with the changing times the society is also accepting new changes. The very purpose of the divorce is to help couples continue their life anew in case they are not living a happy and peaceful life with their current partner as it is not always roses and rainbows. In case you are facing problems in your marriage and have decided to finally end it, it is advised that you seek legal guidance 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.
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