Divorce is the legal dissolution of the marriage which implies that the spouse are not happy in the marriage and are asking for the dissolution or an end to the marriage. In India, the Hindu Marriage Act, 1955 under Section,3 provides for various grounds under which a decree of divorce can be obtained. For obtaining the decree of divorce one have to first file a application petition in the court and the counter party is allowed to context the arguments being presented by the petitioners. If is only after listening to both the parties that the judge pronounces the decree.
The various grounds of obtaining divorce are:
1. Dissertation: If impulse that the one spouse willfully neglects the other spouse without his/her consent and which. The spouse being not given the right treatment may file for a petition in come on ground of dissertation. The Statutory requirement of this ground is that the dissertation should continue for 7 years. This has to proved by the petitioner and if the court is convened then the petitioner can obtain the decree of dissertation. Dissertation can be put to an end when the right are again given to the party on after consumption of marital intercoms.
2. Cruelty: one of the other grounds of divorce is cruelty. Cruelty means physical harm or mental harm to the parties. Any harm to their life, limit or property will amount to physical harm.
If any spouse faces cruelty for4m the other spouse he/she can file for a divorce on grounds of cruelty. S. 495 IPC also makes cruelty punishable. It is not necessary that cruelty be met with the spouse only any harm to their closed ones can also amount to cruelty.
3. Insanity; if any person is suffering from a mental or physical dis order and it is not possible to line with that person that also makes for a ground of divorce. After proving that the other person is suffering from a such disease which makes it impossible to the presumption of congenial rights, the person can go file for divorce.
4. Adultery: Adultery refers to the condition in which one spouse already in a marital relationship have sexual relationship with a third person not belonging to the marital relationship (of other sex) this amounts to cheating and forms a ground for divorce.
5. Venerable disease: of a person is suffering form some communicable diseases and that disease is not due to the petitioner then the petitioner can file for a divorce on this ground.
6. Conversions: if any spouse converts form Hindu religion to any other religion and starts performing the rituals and customs of that religions then it also amounts for a ground to divorce.
7. Renunciation of World: in any spouse renounces the world and starts performing the certain rituals, then it also amounts for a ground for divorce.
8. Leprosy: if any of the spouses is suffering from leprosy which is incurable then the other person can seek for divorce on this ground.
9. Death: if any of the spouses in a marital relationship dies, then after 1 years of death of that person one can obtain the decree of divorce.
10. The other grounds for divorce are in which a wife finds out that her husband had been a convicted of rape or any other crime or when a decree under S. 125 CrPC for maintenance of wife had been
given but that has not been complied with, all these can be grounds for divorce.
The other ground for divorce can be by mutual consent. In this the requirement are that the spouses are living separately for 1years or there is no restitution of congenial rights and they willfully want dissolution of marriage.
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