Different personal laws applicable over Hindus, Muslims, Parsis and Christians lay down different grounds for divorce in India on the basis of which a contested divorce petition can be filed by a spouse.
The most common question asked by divorce couples is ‘can a divorce be filed without a divorce lawyer?’ It has become a common notion that divorce lawyers charge a huge price and it is better for divorcing couple to fight their matter without a divorce attorney.
Conversion by one spouse to another religion is a valid ground for the other spouse to file a divorce petition. Conversion here means that the person has voluntarily relinquished his or her religion and adopted another religion after going through some formal ceremony.
Cruelty, by definition, includes several acts that can be constituted as cruelty. The case of Narendra vs K Meena establishes separating husband from his family as a ground for contested divorce in India.
A petition for restitution of conjugal rights is filed under Section 9 of the Hindu Marriage Act, 1955. When either the husband or wife withdraws from the society of the other without any reasonable excuse, the aggrieved spouse has the option to approach the court for restoration of conjugal rights.
Divorce in India is of two types- Mutual Consent Divorce or Uncontested Divorce and Contested Divorce or One-sided Divorce. Under divorce laws in India, there are several differences between mutual divorce and contested divorce.