First of all, we would like to tell you that as a good friend you should make an extra effort to improve things and try to reconcile them. Divorce is the last option when all the options for reconciliation have ended. Here we discuss some grounds of divorce.
A divorce is filed when one of the spouses decides to divorce without the other’s consent. Or both decide to divorce with consent. It is filed in divorce court with the help of a lawyer. The court sends divorce notice to the other party. Once your divorce petition is filed in the court, the court will hear the husband or wife’s petition.
Assuming that both of your friends are Hindus, under Section 13B of the Hindu Marriage Act, they can file a petition for divorce with mutual consent. Section 13B states that both the parties can jointly file a petition the District Court to end the marriage if they are living separately for a period of one year or more and that they are now able to live together Is not and both agree to end the marriage.
The court then records the joint statement of both the parties and gives both the parties 6 months to resolve the dispute, even if both the parties are unable to resolve the issues within the stipulated time, the court will decide the divorce. Will pass the decree. So, therefore, divorce takes about 6-7 months by mutual consent.
The general rule is that both parties jointly apply for a divorce by mutual consent and their joint statement is recorded in court in the presence of their family and lawyers and signed by the District Judge. This process is repeated twice when a joint petition is given, which is called the first motion and after 6 months, from which the second motion is called.
After the completion of this process, divorce is granted on all issues for divorce with the consent of both, such as child monitoring, permanent alimony and maintenance, the return of the female and settlement of jointly owned assets.
You should enter into a settlement agreement with your spouse regarding the terms and conditions of the divorce. There will be full and final payment of this amount of money such as shareholding, permanent alimony and maintenance, and no party will have any other rights against the other party in any form. And this agreement is signed by 2 witnesses.
If your wife or husband is not ready for mutual divorce, then you can file a petition under Section 13 (1) of the Hindu Marriage Act on this basis. The following are grounds for divorce in India under the Hindu Marriage Act, 1955.
Grounds of Divorce in India
A spouse can file a divorce case when he or she has suffered any type of mental or physical injury which may cause life-threatening injuries. Mental torture is not dependent on just one event but is based on a series of events. Refusal to give food, constant abuse and abusive treatment for dowry, perverted sexual acts etc. are included within the cruelty.
The act of indulging in any form of sexual activity including sexual intercourse outside marriage has been termed as adultery. Adultery is counted as a criminal defect and sufficient evidence is necessary to establish this. The 1976 amendment to the law states that one single act of adultery is sufficient to get the petitioner divorced.
If one of the spouses leaves their partner for a period of at least two years, a divorce case can be filed on the grounds of abandonment.
If either of the spouses has converted himself to some other religion, the other can file his petition for divorce on this basis.
If the spouse has a serious illness that is easily contagious, a petition for divorce can be filed. Diseases like AIDS are covered under the disease of sexual diseases. It may be the strong ground of divorce before the Court.
In the case of a ‘severe and incurable’ leprosy, a petition can be filed on this basis.
Not getting alive
If a person is not seen or heard alive for a continuous period of seven years, then the person is considered dead. The other partner may file a divorce petition if he is interested in remarriage.
One spouse can file a petition for divorce if the other one renounces all worldly matters by adopting a religious order.
Restoration of cohabitation
If the court has ordered to remain separate but still the partner is living with someone then it is considered as grounds for divorce.
There are following grounds for divorce in India on which ground the petition can be filed only on behalf of the wife:
If the husband is involved in rape or bestiality.
If the marriage is done under the Hindu Marriage Act and the husband has married the other woman despite the surviving first wife, then the first wife can ask for a divorce.
A woman can file a petition for divorce if she is married before the age of fifteen and she can leave the marriage until she is eighteen years of age.
If there is any cohabitation with the husband for one year and the husband ignores the court’s maintenance decision of the wife, the wife may petition for divorce.
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