Notes- Ground of Divorce
Below Grounds are applicable for both Spouse
S13- 1- Eight Grounds of Divorce
S13- 1 A- Two Grounds of Divorce
- Contested Divorce- When wife doesn’t want to give divorce but husband want to give. Wife files maintenance fee and domestic violence case
- Adultery Divorce- Spouse having affair anyway outside.
- Cruelty Divorce- (Physical/ Mental)- Should be constant not one time.
- Non-resumption of cohabitation*
- Desertion Divorce- If wife leaves husband for 2 years or more. 1.Physical and Constructive desertion
- Divorce on Medical Ground (La Elaj BImari)
- Dharam Parivartan Divorce(Divorce due to Change in religion)
2. Mutual Divorce- Section 13B of Hindu Marriage act, 1955
-Withdrawn from Society- Physical/ Actual distortion
If the restitution degree is passed and still the couple doesn’t follow cohabitation till 1 year then its a divorce.
Divorce is given on the basis of below 3 major grounds:
-Adultery
-Willingly wife has left husbands house
-Mutually Husband and wife living separately
Tips-
1. To avoid 1/3 of maintenance which is to be given to spouse, ask parents to do a case on you and demand for a maintenance in different district under SEC- 125 CRPC. Stating that my son spends his entire money on his family and wife, doesn’t give us money at home. Don’t put any allegations.
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