Contested Divorce: In case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition can be filed. The husband and wife are in a conflict when opting for a contested divorce. More often than not, matters such as child custody, maintenance etc are far from resolution.

Cruelty: Cruelty can be social, physical or mental in form. According to the Hindu Divorce Laws in India, if one of the party to the marriage has a reasonable apprehension in the mind that the other spouse's conduct is likely to be injurious or harmful to his/her health then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

Adultery: In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) the wife can, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, the husband can take divorce on this ground. Earlier adultery was a criminal offence under section 497 IPC, which now has been deleted from the law. Now no criminal action can be taken against any of them.

Desertion: One spouse deserting the other without reasonable cause (cruelty, for example) is 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 two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason

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 then in that eventuality divorce is the last remedy.

Renunciation of the World: If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce

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.

Documents Require To File Divorce in India
  • Address Proof of Petitioner
  • Marriage Certificate / Invitation Card / Photographs
  • Affidavit (Income & Expenditure )
  • Passport Size Photograph of Petitioner Further Divorce Proceedings will be handled by our Lawyers after Duly Signing VAKALTNAMA

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