If you take note of the present situation of the people who are married these days, they are ending up getting divorced soon. Not all marriages are indeed meant to stay for a lifetime. Some of them end up just after a few years. When you have planned to get a divorce and are looking for a reliable divorce lawyer in Delhi, you must first consider the country in which you are living. This is because the laws related to divorce vary from one country to another.
However, wanting to get a divorce is not enough. There are some ground rules that couples need to follow to get a divorce. Before you get into discussing the grounds of divorce, have a clear idea of divorce first.
What is a divorce?
When all ties are dissolved between a married couple that has been initiated due to their marriage is known as divorce. In short, it can be said that divorce is a way of breaking all ties with the partner with the intrusion of law into it.
Previously, according to the Hindu law of marriage, the concept of divorce did not exist. So, even if you were not happy in your married life, you had no choice to come out of it. However, with time, the concept of divorce entered into the Indian lands, and several best divorce lawyers in Delhi have come up to help you in this process.
Grounds of divorce in India
1.Adultery
There is no definition of adultery in Indian law. However, in adultery, there should be consensual or voluntary sexual intercourse between one married person and another person who can either be married or unmarried and of the opposite sex. However, intercourse with one’s partner will not be termed adultery. However, if a person has two marriages in his life and has intercourse with his first wife when he is leading his second married life, then it is called adultery.
2. Cruelty
On the grounds of divorce in India, cruelty can be both mental and physical cruelty. Proper medical tests and reports can determine physical cruelty. Also, if wounds on the body are found, it can be substantiated as physical cruelty. However, mental cruelty is not easy to prove. Some examples of mental cruelty can be the threat of suicide, drunkenness, the birth of a child, impotence, refusal to have marital intercourse or children, incompatibility of temperament, etc.
3. Desertion
When one party in a marriage refuses or rejects his obligation towards the family or the other partner, it can be desertion. In short, desertion is the permanent abandonment of a partner without putting forward any reasonable causes or without the other’s consent. To make sure that the ground of divorce is desertion, one has to produce five conditions – conversion of religion, insanity, leprosy, venereal disease, and renunciation.
Conclusion
Therefore, if you want a divorce, you mustensure that it complies with the grounds mentioned above. Otherwise, the divorce case will be considered null and void by the court.
Karuna Sharma 