We specialize in Divorce Law cases like Contested Divorce, Mutual Consent Divorce, Annulment Of Marriage, Child Custody, Visitation Rights, Restitution Of Conjugal Rights, Domestic Violence Act, Dowry Harassment, 498 A, Divorce Counseling, Family Matters etc.
In India, as with most personal matters, rules for DIVORCE are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956.
Types of DIVORCE PETITIONS
(1) DIVORCE BY MUTUAL CONSENT
(2) CONTESTED DIVORCE
There are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply file for a divorce without stating a reason.
Some reasons are as follows, though some are not applicable to all religions.
1. CRUELTY may be physical or mental cruelty, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful physically or mentally, and then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
2. ADULTERY In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence U/sec 497 IPC. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
3. DESERTION One spouse deserting the other without reasonable cause (cruelty, for example) is a reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least 2 continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
4. CONVERSION Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
5. MENTAL DISORDER If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
6. COMMUNICABLE DISEASE If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, the Hindu Divorce Law in India say that the other party can obtain a divorce.
7. RENUNCIATION OF THE WORLD If the spouse renounces his/her married life and opts for sannyasa, the aggrieved spouse may obtain a divorce.
8. PRESUMPTION OF DEATH If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.