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GROUNDS FOR DIVORCE

Adultery –

Cruelty –

Desertion –

Conversion –

Mental Disorder –

Leprosy –

Venereal Disease –

Renunciation –

Not Heard Alive –

No Resumption of Co-habitation –

First time in Eastern India, a law firm has been introduced to deal with Matrimonial cases only. Our team of lawyers, expert in dealing with matrimonial disputes handle cases under the guidance and supervision of Mr. Debasish Pushilal and Mr. Prithwish Ganguli.

Our range of service with assured quality designed in such a way to fit everyone of the society.

We offer various specialised services that suits NRIs.

Services offered:

  • Mutual Divorce
  • Contested Divorce
  • Annulment of Marriage
  • Judicial Separation
  • Restitution of Conjugal Rights
  • DOmestic Violence Cases
  • Maintenance Case
  • Child Custody
  • 498A etc
  • Recovery of Stridhan Article etc
Our Team: Debasish Pushilal, Prithwish Ganguli, Jayasree Ganguli, Swarupa Karmakar, Prativa Bhattacharya, Soumen Das, Baishakhi Kayal.

Divorce on mutual consent: This is the best option for divorce where both the parties agree for divorce and mutually distribute their properties and take decision about child custody, maintenance etc. Along with all the points petition has to be filed before the District Judge of the concerned District. For filing divorce on mutual consent the following documents are required: 

  •     Copy of marriage certificate
  •     3 copies Passport size photograph of both the parties
  •     Copy of  Photo ID
  •     Copy of Address proof of both the parties
  •     Copy of Birth Certificate of child

For Divorce on Mutual consent the minimum time period is six months from the date of filing.

After filing of the case both the parties will have to be present in Court first on the date of reconcilliation and if the reconcilliation fails then on the date of final hearing. All the originals of the  above documents will have to be submitted before the Court.

 Divorce on Contest: Where the parties cannot come to any amicable decision for divorce, the intending party shall have no other alternative but to file suit for divorce on the grounds for which he is not interested in continuing with the marital tie. No specific time frame can be assigned in this case and it depends on several factors.

Grounds for Divorce:

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

  • If the husband has indulged in rape, bestiality and sodomy.
  • If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
  • A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
  • If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
 Teritorial Jurisdiction of Court: Jurisdiction of Court depends on various factors. Case can be filed at the  court within whose jurisdiction:
  • The marriage took place
  • The place where the marriage was registered
  • The parties used to reside as husband and wife
  • The parties last resided together
  • The wife presently resides

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