Divorce
(1) Any marriage solemnized after the commencement of the act, husband or the wife anyone of the partner can file a petition of the divorce.
The marriage can be dissolved with a decree of the divorce on the following grounds-
(i) If any one of the partners has consensually indulged in sexual intercourse with someone else,
(a) If one of the spouses has committed cruelty with them,
(b) If one of the spouses has deserted their spouse for more than two years and,
(ii) If they have discontinued being a Hindu by converting to any other religion
(iii) If one of the spouses is in their unsound mind or is suffering from an incurable mental disorder,
(a) The term mental disorder means mentally not a stable or mental illness, incomplete development of the mind this also includes schizophrenia
(iv) If the partner is suffering from an incurable form of leprosy,
(v) If the partner is suffering from a venereal communicable disease
(vi) If the partner has renounced the world by entering any religious side of the world,
(vii) If there is no news of the person for more than 7 years the person is also considered to be not alive.
- The term desertion means when a person without a reasonable cause deserts their partner and has no news of them for 7 years or more.
(1-A) Both the party needs to present at court.
A petition for the dissolution of the marriage which is completed after or before the commencement of the Act can be filed at court.
They can get the decree of the divorce on the grounds-
(i) That the couple cannot find a final solution to resolve their dispute and their need for a divorce.
(ii) That there is no cohabitation between the married couple for almost one year,
(iii) That there is no restitution of the conjugal rights of the married couple for one year and more.
2) A wife can also present the petition of the divorce on the following grounds.
(i) If the married man gets married again before the commencement of the marriage.
(ii) That the husband after the solemnization has been found guilty of a crime like rape, sodomy, and bestiality.
(iii) On the ground, if the husband is not providing maintenance to the wife for the daily living.
Alternate Relief In Divorce Proceedings
If any proceeding under this Act, the petition for dissolution of marriage. The petition is on the grounds mentioned in clauses (ii), (vi), and (vii) of sub-section (1) of Section 13. The court may consider it to the circumstances of the case, pass this instead of a decree for judicial separation.
Divorce By Mutual Consent.
(1) If there is mutual understanding on the part of the divorcee, the couple can file a petition in their district court. They both agree to the terms and they are living separately for more than 1 year. It is necessary to mention in the application that they mutually agree to dissolve their marriage.
(2) Six months after the application, the court starts proceedings after looking into the matter, deciding to issue a decree of divorce to the couple.
