Grounds for Judicial Separation & Divorce

1. Adultery

Where the other party has, after the solemnization of the marriage had voluntary sexual intercourse with....learn more

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Where the other party has treated the petitioner with cruelty, after passing the marriage laws (amendment) act, 1976 cruelty also becomes a ground for....learn more


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Questions of Legal Cruelty

Justifying judicial separation or divorce on that ground may be considered under the following heads: -


When the petitioner has been deserted continuously for a period not less than two years immediately preceding the presentation of....learn more

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In order to constitute desertion, the following facts should be established: -

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Requisited to Constituted Desertion


1. The separation must be without reasonable cause. 2. This state of affairs must have continued for two years. 3. The spouses must have parted or terminated all joint-living....learn more


A decree for divorce can be obtained by a petitioner, where the opposite party has ceased to be a Hindu by conversion to another religion e.g....learn more

Scribbled Underline

Unsound Mind

Where the other party has been incurable unsoundness of mind or has been continuously or intermittently from a mental disorder....learn more


Where the spouse presenting the petition has shown that the other party has been suffering from a virulent and incurable form of leprosy....learn more

It is essential for the petitioner to prove that the opposite party has been suffering from a venereal disease in a communicable form....learn more

Venereal disease

Floral Pattern
Floral Pattern

Missing spouse/Presumed death

Where the other party has not been heard of as being alive for a period of seven years or more, those persons who....learn more

Examination of Witness in Indian Evidence Act 1872

Hindu Marriage Act, 1955

Human Rights law in India

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