Legal Grounds for Divorce in India_ Abandonment, Evidence, and Process

1. Legal Grounds for Divorce in India: Abandonment, Evidence, and Process When the marital union breaks down, Indian couples often turn to the courts for help. This article from 2023 explores the legal grounds for divorce in India, with an emphasis on abandonment as a valid reason and the associated legal process. Grounds for Divorce in India: Under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, Indian law recognizes various grounds for divorce. This includes: Adultery: Engaging in extramarital affairs can constitute a valid reason for divorce. Cruelty: Physical or mental cruelty inflicted by one spouse upon the other is a recognized ground for divorce.

2. Desertion: Abandonment or desertion by one spouse for two years or more qualifies as a valid reason for divorce. Conversion: If one spouse converts to another religion, it can be grounds for divorce. Mental Disorder: Divorce can be granted if one spouse suffers from a mental disorder that impedes cohabitation. Communicable Disease: Presence of a communicable disease like HIV/AIDS can be grounds for divorce if cohabitation becomes impossible. Renunciation of the World: If one spouse enters a religious order and renounces worldly life, divorce can be sought. Not Heard of Being Alive: If one spouse remains untraceable for seven years or more, divorce can be pursued. Mutual Consent: Both spouses can seek divorce by mutual consent, agreeing to end the marriage amicably. Note: If you are looking for best lawyer in Chandigarh, you can contact SL Legal Services for legal assistance. Abandonment as Grounds for Divorce: Abandonment or desertion is a recognized ground for divorce in India. The law permits an abandoned spouse to seek divorce if the other spouse has intentionally and willfully withdrawn from marital obligations for a continuous period of two years or more. Proving Abandonment: To secure a divorce on the grounds of abandonment, the petitioner (the abandoned spouse) must provide substantial evidence. This may include:

3. Proof of separation: Documents or testimonials confirming that the spouses have lived separately for the requisite duration. Reconciliation efforts: Evidence demonstrating the petitioner's genuine attempts at reconciliation with the spouse, albeit unsuccessful. Willful abandonment: Evidence indicating that the abandonment was deliberate and without a justifiable cause. Legal Process for Divorce Due to Abandonment: The legal process for obtaining a divorce due to abandonment in India typically entails the following steps: Consultation with a lawyer: The petitioner should engage a divorce lawyer in Chandigarh experienced in divorce cases, who will guide them through the legal process and help build their case. Filing a divorce petition: The petitioner submits a divorce petition to the appropriate family court, clearly stating the grounds, including abandonment, and presenting supporting evidence. Service of notice: The court notifies the other spouse about the divorce proceedings, giving them an opportunity to contest or present their side. Mediation and counseling: In some cases, the court may recommend mediation or counseling to facilitate reconciliation. Trial and judgment: If reconciliation efforts fail, the court conducts a trial, reviews evidence from both parties, and, if convinced of abandonment, issues a divorce judgment. Conclusion:

4. Abandonment serves as a legitimate ground for divorce in India if the abandoned spouse can substantiate intentional desertion without reasonable cause for two years or more. It is imperative to seek guidance from a qualified family law attorney to navigate the legal process effectively. Choosing a best law firm in Chandigarh is a significant decision, and individuals contemplating it should weigh their options and potential consequences before pursuing legal action. Resources Link:- https://shorturl.at/bCJZ6