Ground for Divorce

Ground for Divorce

Ground for Divorce

Divorce Lawyer in most well to do families is due to lack of adjustment and ego clashes. This is true of both the males and females especially when both are working. There are ego clashes among educated working couples. The situation is not as before, however be the husband; he has to be put up with because he is your husband'. The secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India. Let us have a look at the various grounds for divorce in India. The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955. Adultery The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Cruelty A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty. Desertion If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. Conversion In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. Mental Disorder Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together. Leprosy In case of a virulent and incurable' form of leprosy, a petition can be filed by the other spouse based on this ground. Venereal Disease If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases. Renunciation A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order. Not Heard Alive If a person is not seen or heard alive by those who are expected to be naturally heard' of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage. No Resumption of Co-habitation It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. The following are the grounds for divorce in India on which a petition can be filed only by the wife. If the husband has indulged in rape, bestiality and sodomy. If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce. A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age. If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce. Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India. The husband's whereabouts are unknown for a period of four years. The husband has failed to provide maintenance to the wife for at least two years. The husband has been under imprisonment for seven or more years. The husband is unable to meet the marital obligations. If the girl is married before fifteen and decides to end the relationship before she turns eighteen. The husband indulges in acts of cruelty.

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