What Are The Legal Grounds Based On Which Petition Can Be Filed For Contested Divorce?
• When either spouse chooses to go to the court to file for divorce, he/she would be needed to state a valid and legal reason for filing a petition for divorce. No one can legally receive a decree of divorce without them being able to prove a sound and reasonable ground for a contested divorce. Under the Section 13 of Hindu Marriage Act, legal grounds for any contested divorce are:
Desertion â– When either spouse has deserted his/her spouse without providing a valid reason in advance. In such cases, the spouse who was deserted can legally file a petition for divorce based on this reason, suggested the best family lawyer in Delhi.
Adultery ■When either of the spouse cheat on his/her spouse – has or had a relationship outside of marriage, then it can be used as a valid reason to file for a divorce petition.
Cruelty ■ The definition of the term ‘cruelty’ encompasses lots of things including injury to one’s body and/or mind, pertaining to the conduct of one’s spouse; regardless of whether it was done intentionally or not. It can be mental in nature or physical. If either spouse has apprehended any injury due to misconduct of their spouse, then there is a valid and legally reasonable ground for filing petition for a divorce.
Conversion â– When either spouse has converted from their former religion to any other religion, then the spouse has a valid reason to file for divorce, suggests the divorce lawyers in Delhi NCR.
Mental Disorder ■If either spouse is not capable of performing regular and normal duties and responsibilities after being married – it’d mean he/she has mental disorder. This serves as a valid and legal reason to file for divorce with such a person with mental disorder.
Presumption Of Death â– When either spouse has been missing for more than seven years and his/her spouse has not heard of them, then it is considered presumption of death. Presumption of death is a valid reason to file for divorce in the court of law.
Communicable Disease â– If either spouse has a disease that can be communicated to the other, then his/her spouse has valid and reasonable ground to seek divorce by filing a petition for divorce at the court of law.
Renunciation of World â– When either spouse choose to give away all of his/her worldly pleasures and become a sanyasi, then his/her spouse has a valid and legally reasonable ground to file for divorce, suggests the divorce lawyers in Delhi NCR. â– In such cases, the wife can use any of the aforementioned grounds to file for a divorce.
Here are some legal grounds that are provided for wives only: â– When the wife was less than 15 years old at the time she got married. â– When the husband was already convicted of committing a crime of sodomy, bestiality, or rape. â– When the wife has already been granted divorce decree after maintenance, and after having lived separately for more than a year.
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