Divorce was not a concept that existed in ancient times. They viewed marriage as a sacred institution. Manu asserts that a husband and wife are inseparable and their marital bond cannot be severed. Later, the idea of divorce entered the scene and became commonplace as a way to dissolve a marriage. The Arthashastra states that a marriage can end if both parties want to do so and that it should be an unauthorised union. According to Indian law, the couple must fulfil a number of requirements before getting a divorce. The court views these requirements as the essential foundation upon which a divorce petition may be filed and ask a legal question.
Cruelty: Cruelty is one of the primary reasons for divorce. India has a long history of cruelty. In most situations, the first family is also subjected to the husband's maltreatment. Particularly when family members plan to treat the person involved with barbaric harshness, this produces some of the harsh repercussions. Family lawyers in Delhi can help you prove that the circumstances give rise to the grounds of cruelty.
Bigamy: Another key reason for divorce is the husband's bigamy. In the event that bigamy is proven, the husband will have no defences. This is regarded as a simple method of filing for divorce. This justification for requesting a divorce is frequently readily accepted by the judges.
Repudiation of Marriage: The court accepted as a legal basis for divorce the reputation of marriage, which has been incorporated into legislation as an amendment. While the case involves a girl who was compelled to marry when she was under 15 years old, she can renounce the union after she reaches the age of majority. You can hire a Divorce Lawyer In Delhi if you are looking for filing for repudiation of marriage.
Maintenance and Non-Cohabitation: It is a perfect basis for divorce after maintenance has been awarded by any court and cohabitation has been absent for more than a year. However, there must be sufficient evidence to demonstrate that cohabitation has not existed for more than a year.
Adultery: Adultery is a reason for divorce. It continues to be recognised by the court as one of several legitimate grounds for divorce.
Desertion: When one spouse intentionally deserts the other for more than two years, it is a ground for divorce. In this instance, the forsaken spouse files for divorce and provides documentation to support their claim of abandonment.
Mental Disorder: When a spouse has an incurable mental condition and the applicant is unwilling to stay in the marriage any longer, this is the basis for divorce under the grounds of mental disorder.
The applicant for the divorce must provide documentation demonstrating their ignorance of the other's mental status prior to the wedding.
Leprosy: When one spouse has an incurable or virulent form of leprosy, that is the basis for divorce.
If the petitioner's spouse has such a severe form of leprosy, they will seek divorce in court on this basis.
Venereal or Communicable Disease: When one spouse has a major communicable disease like AIDS or some similar condition, venereal disease is the basis for divorce. The other spouse must establish that they were unaware of their partner's illness prior to their marriage in order to file for divorce.
Conversion: When a partner converts to a new faith, a person may desire to be divorced.
When a person is unwilling to convert to another faith like their spouse, they file for divorce.
No Information About Spouse: When a person has been separated from their spouse for more than 7 years, they file for divorce. The petitioner must provide documentation of the missing person report that was made seven years prior.
The grounds mentioned for divorce do not include the unemployment of the husband as ground. Thus, in such cases, the wife might convince the husband to a mutual consent divorce. According to this theory, divorce can be approved by both parties. The divorce process can be started if both spouses agree to end the marriage. However, a lot of philosophers disagree with this view, arguing that it promotes fast divorce and is morally repugnant. For the court to award them a divorce decision, a petition must be filed before a District Court in accordance with amendment Section 13B of the Hindu Marriage Act, 1955. By mutual consent, it is simple to end a marriage legally. Between the first and last petitions for divorce, there must be a six-month cooling-off period to consider settlement and cohabitation, according to Section 13-B (2) of the Hindu Marriage Act of 1955. The statutory period is another name for this cooling-off time. You might consider hiring the Best Lawyer In Delhi to file for a mutual consent divorce.
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