Grounds for Divorce Under the Hindu Marriage Act

Last Updated at: November 04, 2019
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divorce
Grounds for Divorce Under the Hindu Marriage Act

The Indian legislation has various criteria to be met to get a divorce as these are quoted as the very basis on which a divorce can be filed. As it goes without saying,  divorce is the toughest part of anyone’s life and often the times when the clarity of mind doesn’t exist. So this article breaks down the different grounds on how a woman who would like to seek a divorce can do so from the court of law.

Cruelty

One of the first grounds of divorce is cruelty. Cruelty in India has a long-lasting history where the cruelty is not only administered by the husband but extends to the first family. This has some of the worst effects especially when family members intend to do inhumane cruelty against the person involved.

Husband Bigamy

Husband bigamy is another important ground for filing divorce. Bigamy can be the absolute ground and if proved, would give zero defences to the husband. This is definitely considered as an easy way to claim a divorce. Judges usually tend to easily accept this reason for applying for a divorce.

Repudiation of marriage

The reputation of Marriage has come to the legislative part as an amendment and is a valid ground for divorce. When the point in case is a girl below 15 years of age and was forced to marry, once she becomes a major she can repudiate the marriage.

Get legal advice on your marriage

Maintenance and Non-cohabitation:

Once maintenance has been given by any court and the cohabitation has not been present for more than a year, then it is a perfect ground for divorce. However, there has to be valid proof for proving that the cohabitation has not been in place for more than a year.

Adultery:

Adultery is a ground for divorce, and even after the much-criticised judgement on adultery recently. It still has a place on the list of various activities that can be counted as a valid ground for divorce.

Conversion:

A person can wish to have a divorce when their partner has converted to a different religion.

The settlement:

The actual situation after the divorce is not a normal dealing. A negotiation can never happen with emotions in place and the preparation for breaking a relationship can never happen in a day. Much preparation is needed to deal with this situation.

A very good negotiation is leaving every ego, emotion and negative feelings towards the other person and amicably initiating talks for financial cover rather than going to the court for a settlement right away.

Therefore, it is not easy to get a divorce from the Indian Judiciary but if the grounds are of a different perspective and mutual consent then it is fairly easy to get a divorce for the benefit of the aggrieved person.

Grounds for Divorce Under the Hindu Marriage Act

5750

The Indian legislation has various criteria to be met to get a divorce as these are quoted as the very basis on which a divorce can be filed. As it goes without saying,  divorce is the toughest part of anyone’s life and often the times when the clarity of mind doesn’t exist. So this article breaks down the different grounds on how a woman who would like to seek a divorce can do so from the court of law.

Cruelty

One of the first grounds of divorce is cruelty. Cruelty in India has a long-lasting history where the cruelty is not only administered by the husband but extends to the first family. This has some of the worst effects especially when family members intend to do inhumane cruelty against the person involved.

Husband Bigamy

Husband bigamy is another important ground for filing divorce. Bigamy can be the absolute ground and if proved, would give zero defences to the husband. This is definitely considered as an easy way to claim a divorce. Judges usually tend to easily accept this reason for applying for a divorce.

Repudiation of marriage

The reputation of Marriage has come to the legislative part as an amendment and is a valid ground for divorce. When the point in case is a girl below 15 years of age and was forced to marry, once she becomes a major she can repudiate the marriage.

Get legal advice on your marriage

Maintenance and Non-cohabitation:

Once maintenance has been given by any court and the cohabitation has not been present for more than a year, then it is a perfect ground for divorce. However, there has to be valid proof for proving that the cohabitation has not been in place for more than a year.

Adultery:

Adultery is a ground for divorce, and even after the much-criticised judgement on adultery recently. It still has a place on the list of various activities that can be counted as a valid ground for divorce.

Conversion:

A person can wish to have a divorce when their partner has converted to a different religion.

The settlement:

The actual situation after the divorce is not a normal dealing. A negotiation can never happen with emotions in place and the preparation for breaking a relationship can never happen in a day. Much preparation is needed to deal with this situation.

A very good negotiation is leaving every ego, emotion and negative feelings towards the other person and amicably initiating talks for financial cover rather than going to the court for a settlement right away.

Therefore, it is not easy to get a divorce from the Indian Judiciary but if the grounds are of a different perspective and mutual consent then it is fairly easy to get a divorce for the benefit of the aggrieved person.

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