After the Marriage Law (Amendment) Act, 1976, cruelty has been made a ground for divorce as well as judicial separation. Prior to this amendment, it was a ground for judicial separation only and not for divorce. As per Section 13 (1)(a), if after the solemnization of marriage, the petitioner has been treated with cruelty, mental or physical, is dangerous for his/her life, limb or health then a petition for divorce can be filed. The acts of cruelty may include denial of food, continuous ill behaviour or maltreatment, the continuous demand of dowry etc.
Desertion as a ground for divorce has been added to Section 13 of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. Previously it was a ground for judicial separation and not divorce. Now, after the amendment, it is a ground for both judicial separation and divorce. If anyone of the spouses has deserted the other for a period not less than 2 years, and the desertion of the petitioner by the respondent was without a reasonable cause and absence of consent or against the wishes of the former then the other partner can file a petition for divorce on the ground of desertion.
4. Conversion to another religion
As per Section 13(ii) of the Hindu Marriage Act, if any one of the partners converts his or her religion and has ceased to be a Hindu then the other partner can file a divorce based on this ground of conversion. If your spouse has converted to another religion, you can file a divorce petition with help of the best divorce attorneys in India .
5. Unsoundness of mind, Venereal disease in a communicable form
Prior to the Marriage Laws (Amendment) Act 1976, a petition for divorce might be presented by a spouse on the ground
(a) That the respondent has been incurably of unsound mind, and
(b) That the respondent had been so for a continuous period of not less than 3 years immediately before the filing of the petition
By the Marriage Laws (Amendment) Act 1976, the period of duration of unsoundness of mind has been omitted and elaborative clarifications have been made. Now, a divorce petition can be filed if one of the partners is suffering from a terminal or an incurable or a venereal disease which is easily communicable [Section 13 (v)] or mental disorders [Section 13 (iii)]. Sexually transmitted diseases like HIV-AIDS can be accounted as venereal diseases. The concerned disease should be of such a kind that the petitioner could not be reasonably expected to live with the respondent.
Mental disorders under this section could be of such a kind which may include mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind or schizophrenia. Psychopathic disorders may include continuous disorder or disability of mind which causes abnormal, aggressive or irresponsible conduct of the other party.
6. Presumption of death
As per Section 13 (vi), if either of the partners is not heard of being alive by those persons who would have naturally have heard of it for a period of seven years or more, a divorce petition can be filed.
7. Non-compliance with a decree of judicial separation/ restitution of conjugal rights
By subsection (1A) of Section 13, if after the passing of the decree of judicial separation, there has neither been a resumption of cohabitation between the two parties nor observance of conjugal rights for a period of one year or more, it becomes a ground for divorce.
The actual process of filing for divorce begins with the hiring of a divorce advocate in India . The importance of having an efficient lawyer cannot be over-emphasized if one is to get through the complexities of the legal system in India. So whether a person is filing for divorce or contesting one, he/she should see that the lawyer is not only well-versed with laws related to marriage and divorce under the relevant marriage act but also has adequate experience in guiding his/her client to the best possible divorce deal from the court.
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