Divorce Petition by Wife

by  Adv. Priyanka Sampathy  

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3 mins

  

Navigating Divorce In India: Expert Guidance And Simplified Process

Introduction

  • In India, marriage is a civil contract. But the emotions of the society attached to marriage are immense. When we talk about the issue of divorce in Indian culture, it is not accepted by the people, family, and relatives.
  • The divorce petition by the wife is a rare case, as women mostly tend to adjust to the things they are going through.
  • But there are several cases and scenarios where women must file for a divorce petition as they need to fight for their rights. With the help of a good divorce lawyer and better legal advice, divorce is possible in India.

What is Divorce?

  • Marriage is a civil contract in India, and Hindu relation marriage is considered a sacred relation, and it is considered taboo to get a divorce. Legally, a marriage is a civil contract.
  • However, it is equally the responsibility of both parties to maintain a good marriage. Marriage failure is frowned upon in Indian culture.
  • Even after death and rebirth, our society views marriage as a lifetime commitment.
  • However, modern society has had significant social advancements, and legal advice from a divorce lawyer is now valued. This article will discuss the grounds for a divorce petition by a wife.

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Divorce by Wife On Various Grounds

There are various grounds for divorce in the Hindu Marriage Act for the divorce petition wife. All these grounds are mentioned in section 13(1) of the Hindu Marriage Act.

Adultery

  • There is a sexual relationship with the other person involved in the relationship as an outsider.
  • Earlier, this was considered a crime for the husband, but later the court held that adultery is not a crime but a ground for divorce.
  • The court can file a divorce petition in case of initiating the divorce proceeding in the court.

Cruelty

  • The husband can be jailed for punishment in torture and mental harassment with dowry and other social issues.
  • Wives often go through cruelty, such as domestic violence; that’s why a divorce petition by the wife can be filed on the grounds of cruelty.

If the partner abandoned anyone

  • If there is a case in which the husband has abandoned the wife for more than two years, the wife can file for divorce from the husband.
  • The period is of two years.
  • There should be no contract between them.
  • Any monetary transaction will be taken into consideration by the court.

Conversion of religion

  • If the partner is found to be converting his religion to another one, then this is a ground for divorce.
  • A divorce petition by the wife can be filed in this case.
  • Pressing the wife to change religion is also a ground for divorce.

If the partner is not of sound mind anymore

  • If the husband is not of sound mind, he has lost his mental order, that is, he has some mental disorder, then this can be taken under as a divorce petition by the wife.

In the case of leprosy

  • If the husband is suffering from leprosy, this will also come under a divorce petition by the wife.

Communicable disease

  • In the cases of communicable diseases, the wife has the power to file for a divorce.
  • A divorce petition by the wife is accepted by the family courts.

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Renunciation

  • If the other half renounces the marriage due to religious beliefs, then the divorce petition can be filed by the wife in court.

Not heard alive

  • A person is assumed to be dead if they are not seen or heard by those who would typically be “naturally heard” of them for a continuous period of seven years.
  • If one spouse wants to remarry, the other should apply for divorce.

No Resumption of Cohabitation

  • If the couple does not start cohabiting again after the court has issued a decree of separation, this constitutes grounds for divorce.
  • It will be adequate grounds for divorce if either party can demonstrate that the husband and wife have not resumed living together even after a year.

How to File for the Divorce Petition?

With the help of the lawyer divorce petition by the wife can be filed. We will see steps involving it-

  • The first step for the divorce is filing the petition in the family court.
  • The second step in filing the divorce petition by the wife is sending the summons and notice to the other partner.
  • The third step is to respond to the petition to accept and reject the issues that have been raised in the petition.
  • The fourth and last step is to wait for the court proceedings to start, and the trial of the family court will resolve the matter.

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Conclusion

  • In the case of the divorce petition by the wife, there must be a conversation with a knowledgeable and experienced divorce attorney in various ways.
  • Even seemingly simple divorces have occasionally become complicated, and the only person who can assist you through such conditions is a lawyer who specializes in dealing with them.
  • A lawyer can also help you litigate your case if necessary and advise you on handling other divorce-related matters like child custody, alimony, etc.

A divorce lawyer must be consulted to know on what grounds a wife can file a divorce petition.

Adv. Priyanka Sampathy

Adv. Priyanka Sampathy

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Priyanka Sampathy is a legal consultant who prioritises ethical and professional conduct while striving to achieve desired outcomes. With over 15 years of independent practice, she has significant expertise in handling legal cases. Her exceptional communication skills enable her to express arguments in a clear and persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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