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Non-Mutual Consent Divorce / Contested

In a contested divorce, there are certain grounds on which divorce can be granted because court cannot simply grant a divorce without knowing a reason. For instance :

  • Cruelty

    Cruelty may be physical or mental cruelty. According to the Hindu divorce laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

  • Mental Disorder

    If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

  • Desertion

    One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

  • Communicable Disease

    If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu divorce laws in India say that the other party can obtain a divorce.

  • Adultery

    With the Supreme Court decriminalizing 'Adultery', now Adultery can be the taken as a ground for divorce for both husband and wife. The husband will no longer be criminally charged with the same

  • Conversion

    Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.

  • Presumption of Death

    If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

  • Renunciation of the World

    If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.

Documents required in Divorce

  • Address proof of husband and wife

  • Marriage certificate

  • 4 passport size photographs of the marriage of the couple

  • Evidence proving spouses have been living separately for more than 1 year

  • Evidence relating to the failed attempts of reconciliation

  • Income tax statements of the couple for the last 3 years

  • Details of profession and present remuneration of the couple

  • Information relating to family background of the couple

  • Details of properties and other assets owned by the couple

Why LawInsta ?

  • Free telephonic advice and counselling

  • 2nd appearance filing of Non-Mutual Consent Divorce petition

  • Optional video conference and free telephonic advice from the lawyer

  • All Non-Mutual Consent Divorce related documentation

  • Non-Mutual Consent Divorce petition drafting

  • Obtaining Divorce Decree from the court

  • 1st appearance filing of Non-Mutual Consent Divorce petition

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