Divorce is a mere word which has a huge impact on the lives of people going through it. People in a toxic relationship often have the belief that they can end the marriage at their sweet will. They may often not be aware of the fact that it is the law including various other reasons which decide as to how a marriage will end, as laws impose certain conditions to be fulfilled for marriages, similarly in the case of divorce, some conditions are applied as well.
Types of divorce in India
Different types of divorce have been provided as per law in India. When two parties, who have together come to their decision to divorce, their agreement to separate will be called mutual consent divorce. In such cases, the parties to the marriage are only required to affirm before the respective court their wish to end their marriage and after the required process, divorce shall be granted.
In the case of a contested divorce, one of the partners shall be 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. For further advice on the topic based on the facts of your case, you are advised to contact an experienced divorce lawyer in Delhi or your own city.
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
If one partner has been imprisoned for a period of 7 or more years, the other spouse can apply for divorce on the grounds of imprisonment and could get legally separated in the marriage.
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. There could be physical as well as mental cruelty.
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
If the husband is found guilty of bestiality, sodomy, or rape, his wife may file for divorce.
After the orders have 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, for maintenance and there has been no cohabitation for a year, the wife can apply.
In the case of an absence of resumption of cohabitation or restitution of conjugal rights for a period of more than a year, divorce grounds would apply.
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. If you are facing problems in your marriage which have ultimately led to divorce, 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 ask a legal question or seek free legal advice online, you may contact us.
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