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Divorce

In India Divorce is governed by the communities in the event couple seeks Divorce, they have to approach concerned courts for obtaining decree of Divorce. However, in the case of Muslim marriages it is not necessary to approach the courts for decree of Divorce. By enlarge under Indian laws there are certain grounds, which are recognized by the court as valid grounds for Divorce.

1. Adultery: Adultery is considered a serious offence under the Matrimonial Laws in India. In the Matrimonial Court when the spouse is accused for adultery it is not necessary that the second party involved in the adultery should also made a party. What is also important is that the party alleging adultery must be in the position to establish that the adultery took place during the sustenance of the marriage.

2. Cruelty: in a Matrimonial relationship in cruelty is ground. Cruelty can be either mental or physical. In the case mental cruelty, in famous Supreme Court judgment Bhagat vs Bhagat(1994) SC-337 The Supreme Court held the mental cruelty can be defined as that conduct which inflict upon the other party such mental pain and suffering as would make it not possible for that party to live with other. It could be any thing ranging from lack of respect to negligence to the spouse. In some cases even silence is deemed to amount to cruelty. Further any demand by the husband to the wife to meet unlawful demand for property or valuable security also amounts to cruelty. In the case of physical cruelty any physical behavior that causes harm.

3. Desertion: desertion means the desertion of the petitioner by the party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

4. Conversion of religion: Divorce petition is also maintainable where one party converse from one religion to other without concerned of the other party. 5. Unsound mind: Divorce can also be granted in cases where others’ spouse is an unsound mind suffers from venereal decease or leprosy or where spouse renounce the world.

6. Rape: Divorce also can be granted where the husband is guilty of rape then sodomy or bestiality.
Divorce by mutual concerned can be granted when both parties move a joint petition and stating that

A) They have been living separately for period of one year;

B) They have not been able to live together;

C) They have mutually agreed that marriages should be dissolved

Adultery is considered a serious offence under the Matrimonial Laws in India. In the Matrimonial Court when the spouse is accused for adultery it is not necessary that the second party involved in the adultery should also made a party. What is also important is that the party alleging adultery must be in the position to establish that the adultery took place during the sustenance of the marriage.