What are the grounds of divorce under the Hindu Marriage Act?
1. What is classed as unreasonable behavior as a ground of divorce?
Persistent demand of separation:- Cruelty by wife—Persistent effort of wife to constrain husband to be separated from family— Constitutes an Act of ―cruelty—Husband entitled to decree of divorce as observed by Honorable Court in Narendra V. K. Meena, AIR 2016 SC 4599 .
2. What is treated as cruelty, as a ground of divorce by Divorce Lawyers in Chandigarh?
Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 10 of the Act.
Verbal Abuses are a ground of divorce
Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.
If acts subsequent to the filing of the divorce petition can be looked into to infer condonation of the aberrations, acts subsequent to the filing of the petition can be taken note of to show a pattern in the behaviour and conduct as observed by Honorable Court in Jayachandra vs Aneel Kaur (2005) 2 SCC 22
Disappointment and frustration are one of the grounds ground of divorce
The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.
Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty as observed by Honorable Court in Dr. (Mrs.) Malathi Ravi, M.D. Versus Dr. B.V. Ravi, M.D. CIVIL APPEAL NO.5862 OF 2014 (Arising out of S.L.P. (C) No. 17 of 2010)
Apprehension of bodily injury is a ground of divorce
Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury, suffering or to have injured health.
Physical or mental cruelty is one of the grounds of divorce
Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other. “Cruelty”, therefore, postulates a treatment of the Petitioner with such cruelty as to cause a reasonable apprehension in his or her mind that it would be harmful or injurious for the Petitioner to live with the other party.
Cruelty, however, has to be distinguished from the ordinary wear and tear of family life. It cannot be decided on the basis of the sensitivity of the Petitioner and has to be adjudged on the basis of the course of conduct which would, in general, be dangerous for a spouse to live with the other as observed by Honorable Court in Savitri Pandey vs Prem Chandra Pandey (2002) 2 SCC 73
Wife refusing to participate in proceeding for divorce – Forcing the husband to stay in a dead marriage – Itself constitutes mental cruelty – No point in compelling parties to live together in matrimony as observed by Honorable Court in Sukhendu Das V. Rita Mukherjee 2017 (8) Supreme 33
3. What is treated as an Adultery, as one of grounds of divorce?
If a spouse is found in extra marital affair and caught in a hotel or while doing sexual intercourse with an opposite sex. Adultery is a ground of divorce under the Hindu Marriage Act.
What is treated as desertion, as one of grounds of divorce ?
If a spouse is living separately for more than two years and spouse has filed the case of divorce after an expiry of two years.
Advise by Divorce Lawyers in Chandigarh on grounds of divorce.
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