Contested Divorce

Grounds for contested divorce are given under section 13 of Hindu Marriage Act. These grounds are-

1. That the person had a sexual intercourse with any person other than his/her spouse.
2. If the person treated his/her spouse with cruelty
3. If the person is living separately from his/her spouse for the continuous period of more than 2 years
4. If the person has converted into another religion and has ceased to be Hindu
5. If the person is of unsound mind or if the person is suffering from such mental condition that it is not reasonable to expect from his/her spouse to live with him/her
6. If the person is suffering from venereal disease in a communicable form
7. If the person has renounced the world i.e., if he/she has taken saniyas.
8. If the person has not been heard of being alive for the continuous period of not less than 7 years by the people who would have known. In this case the person will be presumed to have died.

There are some other grounds on which only wife can apply for the decree of divorce. These grounds are-

1. If before the commencement of Hindu Marriage Act the husband got married again to some other person without divorcing her previous wife or if at the time of the marriage the husband was already married. (Bigamy)
2. If the husband is guilty of rape, sodomy or bestiality.
3. If, since the issuance of order or decree for maintenance against the husband under section 18 of Hindu Adoption and Maintenance Act or section 125 of Code of Criminal Procedure and if the wife and husband are living separately and have not cohabited for at least 1 year.
4. If her marriage was solemnised before she reached the age of 15 years then she can file for divorce after reaching the age of 15 years but she has to do it before reaching the age of 18 years.

We at Chaklan and associates help our clients in getting best terms in the divorce proceedings and also help them defend false allegations filed against them.