GROUNDS FOR DIVORCE

In India, the Hindu Marriage Act of 1955 outlines specific grounds under Section 13(1) where one spouse can seek a divorce from the other. Here are the main reasons: click to read more about good divorce lawyers chennai

• Adultery: If a spouse engages in any form of sexual relationship with someone else, including sexual intercourse, it is a valid reason for divorce. The act of adultery shows a breach of marital trust, making it a solid ground for ending the marriage.

• Desertion: If a spouse voluntarily leaves the other without any reasonable cause for at least two years, it is considered desertion. Desertion means one partner has abandoned the other, which is against the commitment of marriage.

• Conversion: If one spouse converts to another religion, the other spouse can file for divorce. This ground recognizes that a significant change in religious beliefs can create a deep divide between the partners, making it difficult to continue the marriage.

• Mental Disorder: If a spouse suffers from an incurable mental disorder or insanity that makes it challenging for the couple to live together, the other spouse can file for divorce.

• Leprosy: If a spouse has a “virulent and incurable” form of leprosy, the other spouse can file for divorce. This ground acknowledges the serious nature of the disease and the challenges it poses to the marriage.

• Venereal Disease: If one spouse suffers from a serious, easily communicable disease, such as a sexually transmitted infection, the other spouse can file for divorce. This ground protects the health and well-being of the unaffected spouse.

• Renunciation: If a spouse renounces the world by joining a religious order and gives up all worldly affairs, the other spouse can seek a divorce. This ground recognizes that renunciation is incompatible with the obligations of marriage.

PROCEDURE TO FILE FOR DIVORCE

Filing for divorce involves several steps that must be followed carefully:

• Filing the Petition: The process begins with filing a divorce petition in the family court. Either spouse can approach the court if they feel their marriage should end based on any of the grounds mentioned above.

• Issuing Summons: After the petition is filed, the court issues a summons to the other spouse (the respondent). The respondent must appear before the family court judge on a specified date.

• Responding to the Petition: The respondent can reply to the petition, either agreeing or disagreeing with the points raised. This response allows the court to understand both sides of the story before proceeding further.

• Trial: If mediation does not work, the case goes to trial. During the trial, both parties present their evidence, witnesses, and arguments. The court listens to both sides to make a fair decision.

• Temporary or Interim Orders: Before making a final decision, the court may issue temporary or interim orders. These orders can cover issues like child custody, alimony, or maintenance.

• Final Order: Finally, the court makes its decision and issues a final order that dissolves the marriage. Once this order is given, the divorce is legally recognized, and the court proceedings come to an end.