Divorce Lawyer

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Family Law

Divorce

Divorce Under Hindu Marriage Act

Any person who is Hindu by religion can seek divorce under Section 13 of the Hindu Marriage Act with some necessary conditions.

GROUNDS OF DIVORCE

1. Adultery -

Suppose one of the spouses consensually and voluntarily indulges in sexual intercourse with another person (who may be married or unmarried) during the marriage's subsistence. In that case, the aggrieved party can seek Divorce.

2. Cruelty -

 There is no established definition of cruelty. However, it could also include brutality to the body and mind. Performing a pregnancy termination without the husband's agreement is considered cruel conduct, as it embarrasses the spouse in front of his family and friends. She falsely accused him and denied a physical marital relationship without a reasonable justification. The wife engages in extramarital affairs, leads an immoral lifestyle, mistreats the husband's parents and other family members, etc. Similar acts of cruelty towards the wife include impotence, false accusations, dowry demands, forced abortions, and more.

3. Desertion-

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and his consent. The essentials of desertion are-

a) Factum of separation

b) Animus Deserdendi, i.e., intention to desert

c) Desertion without any reasonable cause

d) Desertion without consent of the other part