In the event of a divorce, the husband/wife can file for divorce but only for some reason. While filing for divorce, the husband/wife should state the reason behind the decision. There are various legal reasons that can be used as grounds for divorce or husband/wife.

Contact an attorney who specializes in your legal issue Paying for a divorce can be a daunting process, especially since it involves the future of many lives. It is important to do some research to make sure the process is well done and satisfied with the outcome.

This article is written for Hindu Marriages covered by the Hindu Marriage Act 1955.

If things go wrong between the husband and wife, and even if the husband or wife has made the decision to legally divorce, we list the options for divorce under the 1955 Hindu Marriage Act.

According to Hindu Marriage Act, 1955; An ‘equal divorce’ application can be filed if you and your spouse are facing difficulties and decide to legally divorce your ways. you can even file for a divorce if someone refuses to get a divorce – this is called ‘Contested Divorce’.

Under the Hindu Marriage Act, 1955 both husband and wife are granted the right to have their marriage dissolved by a divorce decree for more than one reason described in Article 13.

Section 28 of the Special Marriages Act, 1954 and Section 10A of the Divorce Act, 1869, also provide for divorce by consent.

The requirements required under section 13B of the Hindu Marriage Act are as follows:

(i) The husband and his wife live separately for a year or more.

(ii) That they cannot coexist.

(iii) Also that both husband and wife agree that the marriage is completely void. So marriage must be dissolved. Under these circumstances, divorce by mutual consent can be filed in court.

According to the Indian legal system, the divorce process begins with the filing of a divorce application.

If both husband and wife are prepared for a divorce:

The separation of the Contract of Marriage between a Hindu couple is governed by the Hindu Marriage Act, 1955, under section 13B.

That is to say.— An application for a divorce by a divorce decision may be brought to the District Court by both parties involved in the marriage together, because they have been separated for a year or more, and that they have not been able to stay together and agreed that the marriage should be dissolved.

Secondly, in both cases the parties did not act within six months after the date of submission of an application referred to in subsection (1) and not less than 18 months after the date mentioned, if the appeal is dismissed. In the meantime, the court will be satisfied, after hearing the parties and after conducting the investigation as it thinks fit, that the marriage has been recognized and that the contents of the petition are true, will issue a divorce decree declaring the marriage dissolved from the beginning of the decision date.

See: Top Divorce Lawyers in India

If the husband/wife intends to divorce but the other person does not want a divorce:

If you get married under the Hindu Marriage Act, 1955, you have several grounds for divorce granted by the law itself. Here we are talking about all the reasons outlined in section 13 of the Act that you can base your case for separating your spouse.

You can file for divorce:

1. If he had not heard that he had been alive for seven years or more by natural persons, the group would have been present;
2. If the husband/wife after the marriage had voluntary sexual relations with another person;
3. If the husband/wife hurts you;
4. If the husband/wife lost you for a continuous period of not less than two years, that is what precedes it
5. If the husband/wife has ceased to be a Hindu by conversion to another religion;
6. If the husband/wife suffers from an unreasonable mental disorder or has always been suffering from mental disorders that you would not expect to live with such a person;
7. If your husband/wife suffers from a type of leprosy that is contagious and incurable;
8. If the husband/wife suffers from an older illness;
9. If your husband/wife has renounced the land in favor of any religion;

Additional Ground Available to file for divorce

The above reasons are available to both husband and wife; however, there are additional reasons available only for the wife; For example, if your husband has been convicted of rape, sodomy or having sex with a pet, you can request a divorce. Similarly, if your marriage or divorce was important before you were 15, and you wanted to divorce, you can do that.

If you are married under the Hindu Marriage Act, 1955, you have several grounds for Divorce provided by the law itself. Here we are discussing all the grounds mentioned in Section 13 of the Act that you can base your case for divorcing your partner.

You can file for Divorce:

a) If he/she has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;

b) If the husband/ wife has after the marriage had voluntary sexual intercourse with any other person;

c) If the husband/ wife is treating you cruelly;

d) If the husband/ wife has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;

e) If the husband/ wife has ceased to be a Hindu by conversion to another religion;

f) If the husband/ wife is suffering from incurably of unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a person;

g) If your husband/wife is suffering from a virulent and incurable form of leprosy;

h) If the husband/ wife is suffering from venereal disease in a communicable form;

i) If your husband/wife has renounced the world by entering any religious order;

The above reasons are available to both husband and wife; however, there are additional reasons available only for the wife; For example, if your husband has been convicted of rape, sodomy or having sex with a pet, you can request a divorce. Similarly, if your marriage or divorce was important before you were 15, and you wanted to divorce, you can do that.

Where can you reach it?

A divorce petition may be filed in the family court that governs your marital home, e.g. The home in which you are living/residing as husband and wife after your marriage or in the family court where the marriage was held. Women can lodge a complaint with the family court in the jurisdiction of the residence or the family court of the community where the application is lodged.

Decide the effect you want to have on Divorce

Divorce can take many forms. In some cases, it is practical and easy to deliver, but it can also be very difficult. What kind of divorce will bring the results you want? Consider the following variants:

– Do you have assets or other assets with your partner that you plan to divorce?

– Do you have children with your partner, and will you need care?

– If you want custody, will you also seek child support from your spouse?

– Consider creating a divorce statement to clearly express your intentions and desires.