Contested Divorce in India

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Contested Divorce in India

If one of the spouse is not wiling to give a divorce to the other spouse, then it is known as contested divorce.

For filing of the contested divorce a divorce petition is to be drafted and presented in court. The contested divorce is only granted on certain grounds which are mentioned under Section 13 of the Hindu Marriage Act.

Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955:

Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

     (a) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or

     (b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; 
(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive

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