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What Are The Main Grounds for Filing a Divorce in India

Updated: May 19, 2023

Filing for divorce is a difficult decision that every person has to make in his or her life. In India, divorce law is governed by various legal provisions. In this blog, you will learn more about the reasons for filing for divorce in India, the steps involved, and the importance of consulting a divorce lawyer in Delhi.


Grounds for Divorce in India:

Adultery:

If a spouse engages in extramarital affairs, this may be a valid ground for divorce. Proof of adultery requires substantial evidence.

Cruelty:

Physical or mental cruelty inflicted on a spouse can lead to divorce. This includes both physical violence and emotional abuse.

Desertion:

If one spouse leaves the other without reasonable cause for a continuous period of two years or more, this may be grounds for divorce.


Conversion:

If a spouse converts to another religion and ceases to follow the matrimonial obligations, it can be a valid ground for divorce.

Mental Disorders:

If one spouse suffers from a serious mental disorder that makes it impossible to continue the marital relationship, divorce may be sought.


Grounds for Divorce in India


Consultation with a Divorce Lawyer:

It is advisable to seek legal advice from a qualified divorce lawyer in Delhi to understand the legalities and options available.

Petition Drafting:

The lawyer helps in drafting a divorce petition, stating the grounds for divorce and other relevant details.

Filing the Petition:

The divorce petition is filed in the appropriate family court along with the required documents and fees.

Serving the Petition:

The spouse filing for divorce must serve a copy of the petition to the other spouse.

Court Proceedings:

The court may conduct counseling or mediation sessions to encourage

Steps to File a Divorce in India

reconciliation. If unsuccessful, the case proceeds to trial.

Decree of Divorce:

If the court is satisfied with the evidence and grounds presented, a decree of divorce is issued, officially ending the marriage.

Importance of Consulting a Divorce Lawyer in Delhi NCR:

A divorce lawyer in Delhi plays a crucial role in navigating complex legal procedures. They provide expert advice, assist in gathering evidence, and ensure that the rights and interests of their clients are protected throughout the divorce process.


Conclusion:

Filing for divorce in India involves specific grounds and a step-by-step legal process. Seeking professional guidance from the best divorce lawyer in Delhi is essential to ensure a smooth and fair resolution. Remember, each case is unique, and professional assistance can help individuals make informed decisions while protecting their legal rights.


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