In India, divorce can be granted based on various grounds, including mutual consent, cruelty, adultery, desertion, conversion to another religion, mental disorders, or incurable diseases. The specific grounds may vary under different personal laws, such as Hindu Marriage Act, Muslim Personal Law, or Special Marriage Act. It’s advisable to consult with a legal professional for advice tailored to your situation.
Read some common grounds for mutual divorce procedures in India under different personal laws
- Hindu Marriage Act (HMA):
- Adultery
- Cruelty
- Desertion for a continuous period of at least two years
- Conversion to another religion
- Mental illness
- Venereal disease in a communicable form
- Renunciation of the world or entering a religious order
- Muslim Personal Law:
- Talaq (divorce) at the instance of the husband
- Judicial divorce on various grounds, including cruelty, desertion, and failure to maintain
- Special Marriage Act:
- Adultery
- Cruelty
- Desertion for a continuous period of at least two years
- Unsoundness of mind
- Venereal disease in a communicable form
These are general guidelines, and specific circumstances can influence the granting of divorce. Legal advice tailored to your situation is crucial for accurate information.
Seven strong reason when you get Mutual divorce in India
1 Adultery
- Involvement in a voluntary sexual relationship outside of marriage.
- The party seeking divorce must prove the spouse’s infidelity.
2 Cruelty
- Physical or mental harm that endangers the life, health, or well-being of the spouse.
- Continuous verbal abuse, harassment, or violent behavior may constitute cruelty.
3 Desertion
- When one spouse abandons the other without reasonable cause for a continuous period, typically two years or more.
4 Mental Disorders
- If a spouse suffers from a mental disorder that makes cohabitation intolerable.
- This may include conditions affecting mental stability and soundness of mind.
5 Conversion to Another Religion
- If a spouse converts to another religion without the partner’s consent.
6 Venereal Disease
- If one spouse has a communicable venereal disease and refuses to seek treatment or discloses it after marriage.
7 Failure to Maintain
- In cases under Muslim Personal Law, a wife can seek divorce if her husband fails to provide maintenance for an extended period.
It’s essential to note that divorce laws can vary based on personal laws and specific circumstances, and legal advice should be sought for accurate guidance.
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