What are the grounds to contest divorce in Indore?
What are the grounds to contest divorce in Indore?
The grounds to contest divorce in Indore are the same as the grounds for divorce under the Hindu Marriage Act, 1955. These grounds are as follows:
- Adultery: Either spouse has had voluntary sexual intercourse with any person other than their spouse after the solemnization of their marriage.
- Cruelty: Either spouse has treated the other spouse with cruelty, whether physical or mental.
- Desertion: Either spouse has deserted the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition.
- Insanity: Either spouse has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition.
- Venereal disease: Either spouse has been suffering from venereal disease in a communicable form for a continuous period of not less than three years immediately preceding the presentation of the petition.
- Leprosy: Either spouse has been suffering from leprosy in a communicable form for a continuous period of not less than three years immediately preceding the presentation of the petition.
- Renunciation of the world: Either spouse has renounced the world by entering a religious order.
- Presumption of death: Either spouse has not been heard of as being alive for a continuous period of seven years or more immediately preceding the presentation of the petition.
In addition to the above grounds, a contested divorce can also be filed on the ground of mutual consent, if both spouses have been living separately for a period of at least one year and have mutually agreed to end their marriage. However, if the respondent spouse does not agree to the divorce, the petitioner spouse can still contest the divorce on one or more of the grounds listed above.
In a contested divorce, the respondent spouse may also file a counter-petition for divorce on one or more of the grounds listed above. If the respondent spouse’s counter-petition is successful, the court may grant the divorce to the respondent spouse instead of the petitioner spouse.
It is important to note that the burden of proof is on the petitioner spouse to prove the ground for divorce. If the petitioner spouse is unable to prove the ground for divorce, the court will dismiss the petition.
If you are considering contesting a divorce in Indore, it is important to consult with an experienced divorce lawyer in Indore, to discuss your specific situation and get legal advice.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
