(Divorce on Grounds of Cruelty, Adultery, Desertion etc., Divorce by Mutual Consent)

There are different laws of divorce for different religion. Hinduswhich includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

Now there is a growing tendency among the married couple to file for Divorce because now the new generation has learnt to end the dead relationship and to enter the new leaf of life.

The Government has also established number of mediation centres all over the country to provide them a platform to find out a settlement in their strained relationship and if not possible then to part away in grace manner by Divorce  through Mutual Consent.

Both the parties, in case of Divorce through Mutual Consent also mutually settle their disputes regarding children’s custody, maintenance and property rights etc.

Parties have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce by Mutual Consent and that during this period of separation they have not been able to live together as husband and wife.

After the filing of the Mutual Consent Divorce petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months which is generally called Cooling-off period.

  After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. In such circumstances, the court grants no divorce decree.

There are some of the other grounds for seeking Divorce-

Ground of Cruelty- Cruelty may be physical or mental by the Spouse. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

Ground of Adultery-  If wife or husband commits adultery (i.e. has consensual sexual intercourse outside of marriage),then the aggrieved party can file for divorce as a civil remedy.

Ground of 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.

Ground of Conversion- Divorce can be sought by a either spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.

Ground of 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.

Ground of 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.

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