Divorce Lawyer

Divorce

Divorce Under Hindu Marriage Act

Any person who is Hindu by religion can seek divorce under Section 13 of the Hindu Marriage Act with some necessary conditions.

GROUNDS OF DIVORCE

1. Adultery -

Suppose one of the spouses consensually and voluntarily indulges in sexual intercourse with another person (who may be married or unmarried) during the marriage's subsistence. In that case, the aggrieved party can seek Divorce.

2. Cruelty -

 There is no established definition of cruelty. However, it could also include brutality to the body and mind. Performing a pregnancy termination without the husband's agreement is considered cruel conduct, as it embarrasses the spouse in front of his family and friends. She falsely accused him and denied a physical marital relationship without a reasonable justification. The wife engages in extramarital affairs, leads an immoral lifestyle, mistreats the husband's parents and other family members, etc. Similar acts of cruelty towards the wife include impotence, false accusations, dowry demands, forced abortions, and more.

3. Desertion-

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and his consent. The essentials of desertion are-

a) Factum of separation

b) Animus Deserdendi, i.e., intention to desert

c) Desertion without any reasonable cause

d) Desertion without consent of the other part

4. Conversion -

If one of the spouses converts his religion to any other religion without the other spouse's consent, the other spouse can approach the Court and seek the divorce remedy.

5. Insanity-

Insanity means when the person is of an unsound mind. Insanity as a Ground of Divorce is invoked when the respondent has been incurable of unsound mind or suffering continuously or intermittently from a mental disorder. To such an extent, the petitioner cannot reasonably be expected to live with the respondent.

6. Leprosy-

In Swarajya Lakshmi v G. G. Padma Rao [1974 AIR 165, 1974 S.C.R. (2) 97], the Supreme Court granted Divorce when the wife suffered from a severe stage of leprosy.

7. Venereal Disease-

If the venereal disease is contagious, the other spouse can seek Divorce.

8. Renunciation -

If one of the spouses renounces the world without the other's consent, the aggrieved party can seek Divorce.

9. Presumption of Death-

If a spouse's whereabouts are unknown for seven consecutive years, it is presumed that they are dead, and Divorce can be sought.

Divorce under Muslim law

Muslim culture views marriage as a revocable civil contract between a man and a woman. The Muslim Personal Law (Shariat) Application Act of 1937 governs all Muslims in India. The Dissolution of Muslim Marriages Act of 1939 addresses the divorce process for Muslim women.

Husband-led divorce

A husband can file for divorce in four different ways.

1. Talaq-ul-Sunnat
2. Ahsan
3. Hasan
4. Ila

Wife–led divorce.

1. Talaq – e – Tafweez

By Mutual Consent

1. Khula
2. Mubarat

Dissolution of Muslim Marriage Act, 1939

1. Lian
2. Faskh

For more information and personal assistance in your case contact

Deepti Dogra and Associate

Phone no.-8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030