Saturday, 4 June 2022

Divorce

 Divorce

Divorce is the process of dissolving a marriage. The partners revert to their unmarried status when the marriage is dissolved, and they are free to marry again. Section 13 of the Act allows either party to the marriage to submit a petition in the District Court, requesting that the marriage be resolved. If the court is satisfied with the grounds set out in Section 13, the court may issue a divorce decree.

Any of the following grounds can be used to file a divorce petition (also known as a Judicial Separation petition):

General Information:

Adultery: Adultery is when a married individual has a consenting sexual relationship with someone of the opposite sex who is not his or her spouse while the marriage is still going strong. Sexual intercourse is one of the most important aspects of infidelity. The mere act of attempting sexual intercourse does not constitute adultery.

In the case of Chandra Mohini v. Avinash (AIR 1967 SC 581), the court concluded that merely writing a love letter to one's wife does not constitute adultery. The court decided in Champa Gouri v. Jamna Das AIR 1971 SC 230 that close moments such as joking, accompanying in a movie theatre, and so forth do not constitute adultery.

Cruelty: The term "cruelty" is difficult to define. Cruelty is defined as behaviour that results in bodily assault or puts the petitioner's life in jeopardy. In other words, cruelty refers to a creator's actions that have resulted in a threat to life, limb, or health, whether physical or mental, or that have given rise to a reasonable fear of such a threat.

Cruelty can be categorised into the following categories:

Physical Cruelty: It is an act of violence committed by one spouse against the other, resulting in bodily harm, limb injury, or health harm, and producing reasonable fear. (Sayal v. Sarala, Punjab 125, 1961)

Mental Cruelty comprises the use of harsh language that causes mental anguish. The act of the woman attacking and insulting the husband in public was determined to constitute cruelty in the case of N. Sreepadachandra v. Vasantha 1970 Mysore 232.

Desertion

Desertion is defined as the departure or abandonment of a spouse by the other spouse for no reason. To be considered desertion, the following conditions must be met.

The separation factum

Intention to put a stop to cohabitation for good. Cropala v. Puspa Devi AIR 1982 Kant 329 found that when a husband compelled his wife to live apart from him due to his stepmother's harshness, it was not considered desertion.

Conversion

Conversion is the process of changing one's religion. It is the process of converting a person from one faith to another.

If a Hindu converts to Christianity, he or she is still considered a Hindu. It's a solid reason for the other spouse to file for divorce.

Insanity: 

The respondent has been diagnosed with an unsound mind or is suffering from a mental disease that prevents the petitioner from living with the respondent.

Leprosy:

 A virulent and incurable form of leprosy is a good reason after the 1976 amendment. In Swarajya Laxmi v. Padha Rao AIR 1974 SC 165, the husband, who was a doctor, found that his wife had leprosy and was awarded a divorce judgement. By joining any religious order, it has forsaken the world. It has been suffering from an infectious kind of venereal illness. It has not been mentioned as being alive for a period of seven years or more by individuals who would have known about it if it had been alive.


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