Divorce without Mutual Consent Law In India

Divorce without Mutual Consent

In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

Cruelty: Cruelty may be physical or mental cruelty; 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) can be charged with a criminal offence

Conversion:  Divorce can be sought by a spouse if the other spouse converts to another religion

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

Communicable Disease: If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.

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, who is alive can obtain a judicial decree of divorce

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