Ground For Filing Divorce Cases In India
According to the law, there are many grounds on which divorce procedures can be initiated against the partner in the court of law. These cases can be used by either of the partners to start the divorce case. The experienced lawyer has to prepare the case and make it watertight by its arguments.
Adultery is one of the strongest grounds for the divorce in India. The lawyer has to prove that the husband or wife was having adulterous relations during the time of their marriage. The cruelty is another ground for divorce. The cruelty can be in form of physical abuse or mental torture. The mental cruelty has to be such that it is impossible to live with each other under the same roof.
It is not necessary to prove that the mental cruelty can lead to the act of physical cruelty. In this case, the regard is given to the educational status, social status of the couples and possibility is explored to find ways to make them live together if they are already living separate. In the absence of any positive act of cruelty or proof of cruelty, the parties cannot find the case of divorce on this base.
Desertion has been made the ground for divorce Best Divorce Lawyers In India by the marriage amendment Act, 1976. Before this amendment, the desertion was only the ground for judicial separation. But in case of a marriage between an NRI and Indian girl, the man cannot divorce the lady by issuing divorce degree in foreign law. The court made it clear that the divorce has to be made under the Indian law.
Conversion is a strong case for divorce for woman whose husband has converted to Islam from Hindu religion. The right to get divorce is given to the party who remains Hindu. Generally, it is seen that husband who want to marry other woman get converted to Islam to get the benefit of personal law, under which, they can marry more than once. Similarly, the right to divorce is also given to the person who changes his or her religion to Christianity.
Unsoundness of mind, split personality, or having venerable diseases, Best Civil Lawyers In Delhi can also be the ground for divorce. The venerable diseases can also be the ground for judicial separation. The partner can also seek the divorce on the ground that his or her partner has renounced the world and has entered into some religion sector order.