Dissolution of Marriage
Dissolution of marriage is the legal process of ending a marital relationship through a court decree. In India, it can be obtained either by mutual consent or on specific grounds like cruelty, adultery, or desertion, as outlined in personal laws. The process includes resolving matters such as child custody, maintenance, and property division. Once granted, it legally frees both individuals from marital obligations, allowing them to lead separate lives. Legal guidance ensures a fair and smooth process.
What the Law Says About Divorce in India
Under Indian law, divorce can be broadly classified into the following categories:
Divorce on General Grounds – Either the husband or wife can seek divorce based on cruelty (mental or physical), desertion, adultery, conversion, unsound mind, etc.
Divorce by Wife on Specific Grounds – In addition to general grounds, a wife may also seek divorce for reasons such as bigamy, rape or sodomy by the husband, or non-resumption of cohabitation post a maintenance decree.
Mutual Consent Divorce – A relatively newer and more amicable option where both spouses jointly file for divorce, generally on a no-fault basis.
Even though marriage is considered a lifelong bond, the law provides for its termination when cohabitation becomes burdensome or harmful. Non-mutual divorces are subject to strict scrutiny and are allowed only under defined legal grounds.
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