Conditions for Divorce in India: A comprehensive overview!

Not all marriages are healthy and give unlimited happiness to the persons involved. Most of the time, mental mismatch or apathy between the spouses leads to unnecessary arguments, hampering your joyfulness and peace of mind. Conversely, your spouse can inflict psychological or physical torture, making you the victim. Whatever be the situation, in a devastating marriage, you will always feel stuck and highly discontented as your dignity is hurt constantly. Nevertheless, if you take the bold decision of coming out of such a disastrous marriage, you would require following specific legal procedures. Persons who can guide you through this legal journey are Divorce Lawyers in Delhi.

How you can opt for divorce in India ?

In India, you can opt for divorce in two ways: either; through a divorce on mutual consent or through a contested divorce. If you and your spouse have jointly decided to end your marital bond, mutual divorce is the option to seek. Alternatively, you can opt for a contested divorce if your partner is not ready to end the marriage. Once you consult the best divorce lawyer, they will inform you of the conditions for divorce in India.

Conditions for Mutual Divorce

To present a petition of mutual divorce you must satisfy the following grounds:

  1. That you and your spouse stay separately for about one year; since the dispute has arisen.

 

  1. That is differences of opinion and the mental disparity between you and your spouse due to which you can no longer stay together.

 

  1. You have not used coercion, fraud or undue influence upon your partner to obtain the consent for mutual divorce.

Conditions for Contested Divorce

To dissolve your marriage, you can file a petition for a contested divorce with the help of your divorce lawyer. Here are the most common grounds on which you can file the petition:

  • Cruelty- If your spouse subjects you to mental or physical cruelty, you can seek divorce. 

 

  • Desertion- If your spouse abandons you and stays elsewhere for more than two years, you can opt for divorce.

 

  • Adultery- If your partner engages in sexual relations with another person disrespecting the marriage between you and them, you can choose to break the marriage tie. 

 

  • Incurable Mental Disorder- You can go for marriage dissolution; if your spouse suffers from untreatable mental illness or insanity. 

 

  • Venereal Disease- Similarly, in case; your partner is a patient of contagious venereal disease that becomes a ground for seeking a divorce.

FAQs

My husband is ready for a mutual divorce but does not want to give me any maintenance; what shall I do ?

You can go for a contested divorce in such a scenario. Consult the best lawyers to get correct guidance on this matter.

I got married when I was 15 due to family pressure; now I am 23; can I get a divorce?

Yes. If you are a woman, you can seek divorce on the same ground. 

My husband was unheard of for the last ten years; can I remarry now?

Yes, you can take divorce and remarry.

Conclusion

The best law firms provide premium legal services. They have the top-raking and most erudite Divorce Lawyers in Delhi; who will provide you with the correct legal guidance and protect your legal rights, guaranteeing utmost relief. 

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