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Chennai

Contested Divorce

Contested Divorce:

When one of the spouses is not accepting for divorce then the only option for the other spouse is to file divorce by contesting the allegations against the opposite spouse. A spouse cannot file a divorce on the flimsy reasons other than the grounds provided by the law. Indian laws provide divorce only in the extra ordinary condition of matrimonial life.

Adultery : If one of the spouse is living an adulterous life. At present adultery is not a crime in India but it is a ground for divorce. The person who lives an extra martial relationship are covered under adultery.

Physical Cruelty: When a spouse is facing physical attack from the other spouse which causes injury in the body or cut in the body or breaking limbs, then it becomes impossible for the victim to live in a dangerous situation. In such circumstances the court will grant divorce.

Mental Cruelty : When a spouse feels the activities of the other spouse causes mental agony and cannot bear by the normal human being then they can sought for divorce.

Unsound Mind : when a spouse was in a continuous course of mental illness who cannot perform a normal matrimonial life, then the law permits divorce on the capacity that one of the spouse is incapable to live as a husband and wife.

Communicable disease : When one of the spouse has communicable disease which cause danger to the health of the other spouse and even it cause death, then courts consider that the other spouse was not in the position to live together in a matrimonial tie-up. Leprosy which is previously a ground for divorce was now deleted from the provision.

Change of Religion: In case of religious marriage the law expects the other spouse to undergo the matrimonial relationships by abiding the religious laws. And if one of the spouse has come out of the religious belief by changing their religion, which is considered as a serious offence against the matrimonial life. The court grant divorce on change of a religion by one
of the spouse.

Renunciation of the World: When one of the spouse has renounced the world by attaining sannyasa or permanently involved in the religious activities without performing an matrimonial life then on this impossible situation for the other spouse to continue a matrimonial life the court will grant divorce.

Abandonment : When a spouse abandons other spouse for continuously for two successive years, the court considers that the abandonment of a spouse causes a permanent break down of the matrimonial life and on that basis the courts are granting divorce.

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