When can a divorce petition be presented in Indore?
When can a divorce petition be presented in Indore?
A divorce petition can be presented in Indore when either of the spouses has a ground for divorce under the Hindu Marriage Act, 1955. The grounds for divorce 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 divorce petition can also be presented in Indore 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.
When can a divorce petition be presented in Indore?
A divorce petition can be presented in Indore at any time after the occurrence of a ground for divorce. However, it is important to note that the court will not grant a decree of divorce immediately. The court will first order a cooling-off period of six months, during which time the couple will have a chance to reconsider their decision to divorce. However, the court may waive the cooling-off period if the couple is able to show that there is no chance of reconciliation.
It is also important to note that the court will not grant a decree of divorce if it is satisfied that the petition has been filed out of collusion or connivance between the spouses, or that the petition is not presented in good faith.
If you are considering filing a divorce petition 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
