Divorce (also called separation of marriage) is the act of ending a marriage or a marital bond shared between a husband and wife. The term ‘Divorce’ usually means the removal of marital duties, relationships and responsibilities under the laws of a country, thereby ending the marriage between the spouses, and Divorce Lawyer in Gurgaon can help you in this situation.
According to the Hindu Marriage Act, 1955, the law has specifically laid down various grounds under which one Party can seek divorce from another Party by filing a Divorce Petition under Section 13 of the Hindu Marriage Act, 1955.
Divorce Lawyer in Gurgaon| GROUNDS FOR DIVORCE
There are several grounds through which marriage can be discontinue between a husband and a wife:
1)Adultery – Section 13 (1) (i) of HMA is a valid ground for divorce which is available to both Parties. A petition can be filed under this section if the Petitioner successfully proves that the other spouse had voluntary sexual intercourse with another person other than his/her spouse after the solemnization of marriage.
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The Supreme Court of India ruled that adultery is not a crime and struck down section 497IPC. It was observed that two individuals may part if one cheats but to attach criminality to infidelity is going too far. Adultery is a personal matter and how do couple deals with it is a matter of privacy at its pinnacle. This loss of moral commitment in marriage which creates a dent in the relationship has been left for the personal call of the couple. If they wish to, they can proceed with the divorce.
2) Cruelty – This is another reason under which one spouse can file for divorce from the other spouse, be it physical cruelty or mental cruelty. As per Section 13 (1) (ia) of the Act, if one person commits any kind of cruelty upon the other person, the same amounts to cruelty.
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In Savitri Pandey V. Prem Chandra Pandey, The Apex Court held that cruelty has not been defined under the Hindu Marriage Act, 1955, but it is considered in marital problems as a conduct that endangers the petitioner’s life with the respondent. Cruelty is defined as an act that endangers a person’s life, limb, or physical and/or mental health.
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3) Desertion – When one party abandons or withdraws from performing his/her marital duties and responsibilities without providing any just or proper cause for the same, the aggrieved Party can seek relief from the competent Court and file for divorce under Section 13(1) (ib) of HMA.
4) Conversion – A divorce is treated as valid when one of the spouses ceases to be a Hindu and converts to some other religion such as Muslim, Christian, Parsi etc. In such a case, the other spouse has full right to file for divorce under Section 13(1)(ii) of HMA.
5) Unsound Mind – If it is found that one spouse is suffering from some mental disorder which cannot be cured and the same interferes with the marital duties of the concerned Parties and disrupts the peaceful life of the other spouse, the other spouse can file for divorce under Section 13(1)(iii) of HMA.
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SECTION 13B OF HINDU MARRIAGE ACT, 1955
As per the Section 13B of Hindu Marriage Act, 1955, the Parties can file for divorce through mutual consent. To file for decree of divorce by mutual consent, the Parties should have been living separately for one year or more and are of the view that it is not possible for them to reside together in future. Once a Petition for dissolution of marriage is filed mutually by both the Parties, a time period of 6 months is given to both the Parties to give a second thought on their decision and try to reconcile their differences, if possible still they want divorce they can contact to Divorce Lawyer in Gurgaon.
If the Parties are sure and decided to move forward with their divorce they can contact to Divorce Lawyer in Gurgaon and, the Court after making necessary enquiries as it deems fit, may pass a decree for divorce for dissolution of marriage through mutual consent. However, in some exceptional cases, the Supreme Court of India has special powers under Article 142 of the Constitution of India to waive the waiting period of 6-8 months.
CONCLUSION
As pious as the concept of holy matrimony might be, divorce must be recognized in a sophisticated manner. Advanced focus on individual freedom and choices has given rise to an increased acceptance of divorcees in our nation, as well as a reduction in stigmatization, which is a valuable trend in society
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