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CONTESTED DIVORCE PETITION:

Divorce without Mutual Consent:

In case of a contested divorce, there are specific grounds on which the petition can be made. It doesn't seem that a spouse or wife can essentially request a divorce without expressing an explanation. The reasons are as per the following; however some are not relevant to all religions.

1. Cruelty

Cruelty may be physical or mental cruelty. As per the Hindu Divorce Laws in India, if one companion has a sensible suspicion in the mind that the other life partner's behavior is probably going to be damaging or harmful, at that point there is adequate ground for acquiring divorce because of the barbarity of the spouse.

2. Adultery

In India, a man that carries out infidelity can be accused of a criminal offense. The spouse may, obviously, petition for legal separation as a civil countermeasure. On the off chance that, then again, a wife perpetrates infidelity, she can't be accused of a criminal offense; however the husband can look for prosecution of the adulterer male for adultery.

3. Desertion

One spouse is abandoning the other without sensible reason can be a valid reason behind the divorce. In any case, the companion who dumps the other needs to plan in abandoning, and there must be evidence of it. As per Hindu laws, the desertion should have lasted at least two continuous years. However, a Christian cannot file for a divorce petition only for this particular reason.

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4. Conversion

A Spouse can file for a divorce petition if the other spouse converts to another religion. This explanation doesn't need an ideal term to have passed before a divorce can be filed.

5. Mental Disorder

If any of the spouses is unable in performing the normal duties and responsibilities of marriage on account of mental instability or illness then a divorce petition can be filed by the other spouse. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

6. Communicable Disease

If a spouse is suffering from communicable diseases like HIV/AIDS, syphilis, gonorrhea, or a destructive and fatal type of disease, according to the Hindu Divorce Law in India, the other spouse can acquire a divorce.

7. Renunciation of the World

If the spouse renounces his/her married life, the aggrieved spouse may obtain a divorce.

8. Presumption of Death

If the spouse has not been heard of as being alive for a period of at least 7 years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.




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