Divorce Case in India

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Marriage is a sacred institution which ideally needs to be preserved. Mutual love, respect, trust and understanding is necessary for a healthy marriage.

Divorce is an end of commitment and involves pain, insecurity and unpleasantness.

In ancient days, it was a utopian society where divorce was an alien concept, however due to the changing scenario of modern society;

it is observed that the divorce rates are unfortunately increasing due to a number of reasons.

More and more young couples are approaching the court of law.

The conflict needs to be handled in a positive way.

The common source of conflict in a relationship is finance. In India, marriages are governed by personal laws based on custom and religion.

Laws are also made for intercaste marriages, under special marriage act.

Earlier these matters were handled by the city civil court, however due to increase in number of cases, Family courts were established.

If all the modalities have been worked out, and there is no scope at all to salvage a relationship,

then it is in the best interest for the relationship to end up, and there is no point in saving the relationship,

which is going to a point of no return. Don’t get carried away by what others say or think as it is not their happiness which is at stake.

It is important that one be transparent to a lawyer and informs him about all the relevant aspects that has led to the fiasco.

If you have ultimately made up your mind, you should be prepared to face the challenges associated with the same,

Grounds

Hindu Marriage Act, 1955 Muslim Marriage act, 1939 Indian Divorce Act, 1869 Parsi Marriage and Divorce Act, 1936
1) Adultery.
2) Cruelty
3) Desertion
4) Conversion to another religion
5) Unsound mind or mental disorder includes schizophrenia
6) Has been suffering from virulent and incurable form of leprosy
7) Has been suffering from venereal disease
8) Renounced the world
9) Has not been heard of as being alive for a period of seven years or more.
10) Also there are other grounds on which the wife can file for divorce.
1)Where about of the husband have not been known for the period of four years
2) Husband has neglected or failed to provide her maintenance for a period of two years.
3) Husband has been under imprisonment for seven or more years.
4)husband has failed to perform without reasonable cause his marital obligation for a period of 3 years5) Husband was impotent at the time of marriage and continues to be so.
6) husband was impotent at the time of marriage and continues to be so
7) husband has been insane for a period of two years or is suffering from leprosy8). girl is married before fifteen and decides to end the relationship before she turns eighteen.
9) husband indulges in acts of cruelty

1)Adultery
2)Conversion to another religion
3) Either of the spouses of unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.4) Has not being heard of as being alive for a period of seven years or more.5) Has willfully refused to consummate the marriage.6) Has failed to comply with the decree for restitution of conjugal rights for a period of two years or upwards.

7) Cruelty

8) Desertion

9) Wife can file a divorce based on the grounds of rape, sodomy and bestiality

1) cruelty
2) Imprisonment for seven years or more
3) Desertion for two or more years
4) Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.
5) Suffering from venereal disease or forcing the wife into prostitution.
6) Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.
7) Continuous absence of seven years
8) Non-consummation of marriage within one year
9) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
10) Non resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce.

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