Divorce is the most crucial and disturbing part of married couple’s life. When husband or wife face matrimonial issues in their life, they decide to get separate from each other. It is always frustrating and emotional decision for both the spouses. In matrimonial cases it is disturbing, not only for husband and wife but also for their children and family members. In some cases, I used to suggest my clients to solve their matrimonial problems through counselling of both the husband and wife. It is quite effective in certain cases. Problems or misunderstandings can be solved between husband and wife without taking any legal action for divorce in the court of law. When there are serious problems and reasonable grounds for divorce between husband and wife and which cannot be solved through consultation, we suggest other legal remedies and help for getting divorce to the petitioner.
On the other hand, I also suggest it is better to get divorce if there is no chance for husband and wife to live together. If husband and wife is living with each other just because they are worrying about their children, family and social pressure, it is better to get separate and move on positively from matrimonial relation instead of torturing your partner for a life and having fake matrimonial relation without having emotions of love, care and happiness. In every family, there is quarrel, disagreement between husband and wife, children’s and mother or father or with other relatives but it depends on you that how far you want to take this fight, until you win the fight or until you lose the relation. Before taking decision, you must have peaceful discussion with your spouse so you can exchange your thoughts and understand what is the problem. In my opinion, always find solution instead of getting confused in your problems and thoughts. Always take action on your decision positively and happily instead of getting disturbed mentally and emotionally.
Grounds for Divorce : Divorce is the legal process of terminating a marriage by married couple which is also known as dissolution of marriage. Husband or wife can file petition for divorce in the court of law. Divorce can also be obtained by Mutual consent of husband and wife. It is the end of the legal duties and responsibilities of marriage. Section 13 of Hindu Marriage Act, 1955 and Section 10 of Divorce Act, 1869 provides following ground for divorce-
1. Adultery- Adultery means after the solemnization of the marriage, if a husband or wife had voluntary sexual intercourse with any person other than his or her spouse. In the Hindu Marriage Act, it is the matrimonial offence. The adultery is considered as one of the most important ground for seeking divorce. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, or has committed rape or an unnatural offence, the person is liable for the Adultery.
2. Cruelty- Cruelty includes mental as well as physical cruelty. When either of the spouse has after the solemnization of the marriage, treated the petitioner with cruelty can seek for divorce in the court of law.
Mental cruelty includes mentally tortured by the spouse, humiliation by spouse in front of family and friends, Aggressive and uncontrollable behavior, Denial for Martial Physical Relationship without a valid reason, making falls allegations, Ill-treatment by the spouse and his or her parents, Mental harassment which adversely affects the health of the person etc.
The physical cruelty means any physical violence, bodily injuries, threat to life, limb and health.
Sec.498A of Indian Penal Code,1860 was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. The offence under this section is cognizable if information relating to the commission of offence is given to as officer in charge of a police station by the aggrieved person or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf and non-bailable, non-compoundable and triable by Magistrate of the first class.
3. Desertion- If the spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition, without any reasonable justification and without his or her consent. Desertion is permanent abandonment and rejection of the obligation of marriage.
4. Conversion- If one of the spouses has ceased to be a Hindu by conversion to another religion or in case the spouse is Christian and ceased to be a Christian by conversion to another religion, without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.
5. Insanity- Insanity means when the person is of unsound mind. If the spouse has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent can seek the remedy of divorce.
6. Leprosy- Leprosy is an infectious disease of the skin ulcers, nerve damage, and muscle weakness. If it isn’t treated, it can cause severe disfigurement and significant disability. When the disease is infectious and incurable the other spouse can approach for divorce in the court of law.
7. Venereal Disease- It is a disease typically contracted by sexual intercourse with a person already infected and a sexually transmitted disease. if the disease is in communicable form, incurable and it can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.
8. Renunciation- When one of the spouses has decided to renunciate the world and entering any religious order to walk on the path of the God, then the other spouse can approach the court and demand the divorce.
9. Presumption of Death- When the spouse has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
A presumption of death occurs when a person is legally declared dead despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.
