Grounds For Divorce Under Hindu Marriage Laws in Indore
Grounds for Divorce Under Hindu Marriage Laws in Indore; India
Divorce is a legal process that dissolves a marriage, and under Hindu Marriage Laws in Indore; India, there are several grounds on which a Hindu couple can seek divorce. These grounds are outlined in the Hindu Marriage Act, 1955, and they provide a legal framework for ending a marital relationship. In this post, we will explore the various grounds for divorce under Hindu Marriage Laws in India, with a specific focus on Indore.
Grounds for Divorce under Hindu Marriage Laws:
- Adultery: If one spouse engages in voluntary sexual intercourse with someone other than their spouse, it is considered adultery. Adultery is a valid ground for divorce.
- Cruelty: The Hindu Marriage Act defines cruelty as any conduct that causes mental or physical suffering to the spouse. Continuous and severe cruelty can be a basis for divorce.
- Desertion: If one spouse deserts the other without a reasonable cause for at least two years, the deserted spouse can file for divorce.
- Conversion: If either spouse converts to another religion and ceases to be a Hindu, it can be a ground for divorce if the other spouse does not wish to follow the new religion.
- Mental Disorder: If a spouse has been suffering from a mental disorder that makes it impossible to live together, and the disorder has been present for a prolonged period, divorce can be sought.
- Communicable Disease: If a spouse has a serious communicable disease and refuses to disclose it to the other party, it can be a ground for divorce.
- Renunciation of the World: If a spouse renounces the world by becoming a sannyasi (ascetic) or enters any religious order, it provides grounds for divorce.
- Not Heard of Being Alive: If one spouse has not been heard of as being alive for seven years or more, the other spouse can seek divorce.
- No Resumption of Co-habitation: If there has been no resumption of co-habitation after a decree of judicial separation, either party can apply for divorce.
- Void Marriages: Marriages that are void from the beginning, such as bigamy or when either party is already married, can be annulled under Hindu Marriage Laws.
Procedure for Filing for Divorce in Indore:
- Consult a Lawyer: Seek legal advice from a qualified family lawyer who specializes in divorce cases.
- Grounds and Petition: Decide on the grounds for divorce and file a divorce petition in the appropriate family court in Indore.
- Mediation: The court may suggest mediation to reconcile the parties. If mediation fails, the divorce proceedings continue.
- Evidence: Both parties present their evidence and witnesses to support their case.
- Decree: If the court is satisfied with the grounds presented and that the marriage has irretrievably broken down, it grants a divorce decree.
It’s important to note that divorce proceedings can vary depending on the specific circumstances of the case. Consulting with a divorce lawyer in Indore and understanding the legal requirements for divorce in Indore is crucial for a successful dissolution of marriage under Hindu Marriage Laws.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
