Contested Divorce
i. The respondent has had voluntary sexual intercourse with another person, after the solemnization of the said marriage.
ii. During the marriage, the petitioner has been treated with cruelty which may either be mental or physical.
iii. The petitioner has been deserted by the respondent for a continuous period of more than 2 years.
iv. The respondent has ceased to be a Hindu by converting into any other religion.
v. The respondent is-
Suffering from an incurable and virulent form of leprosy;
Of unsound mind which is incurable;
Suffering from such a mental disorder that it shall be unreasonable to expect the petitioner to cohabit with the respondent.
Suffering from a venereal disease which is in a communicable form.
Suffering from an incurable and virulent form of leprosy.
vi. The respondent has renounced the world by entering any religious order,
vii. The respondent has not been heard of as being alive for a period of minimum 7 years by those who would have heard in the natural state of events.
viii. If there has not been any cohabitation for a period of minimum period of 1 year after the decree of Judicial Separation was passed by the competent court.
ix. If there has not been restitution of conjugal rights for a period of minimum 1 year a decree of restitution of conjugal rights has been passed by the competent court.
i. The respondent husband has been guilty of rape, sodomy or bestiality, after the solemnization of the marriage
ii. If the marriage was solemnized before the wife had attained the 15 years of age and she has repudiated the marriage upon becoming of 15 years but before turning 18 years (consummation of the marriage does not matter).
a. details of the parties,
b. the date and place of solemnization of the marriage and the rituals followed,
c. status and place of residence of the parties (together or separated and since when),
d. children out of wedlock,
e. the financial status of the parties and the dependency,
f. the grounds of divorce and facts being relied upon,
g. details of any previous attempt at reconciliation, and
h. the relief being claimed with respect to marriage, children, and maintenance.
The Government established Family Courts through the Family Courts Act 1984 in many districts. A Petitioner has to approach these to file for a divorce. For the districts which do not have Family Courts established, the petitioner should approach the District Court of the jurisdiction. The Jurisdiction where the petition for divorce may be filed is-
A Caveat remains in force for a period Ninety days (90) from the date of filing.
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