The Legal Path to Separation: Understanding the Different Types of Divorce Petitions in India
In India, divorce is a legal process that allows married couples to terminate their marriage. The process of getting a divorce involves filing a petition in court, which must state the grounds on which the divorce is sought. In this blog, we will discuss the different types of divorce petitions in India.
Mutual Consent Divorce Petition:
Mutual Consent Divorce is the most common type of divorce petition in India. This type of divorce petition is filed by both parties when they agree to end their marriage mutually. The grounds for filing this petition include mutual understanding, mutual incompatibility, and irretrievable breakdown of the marriage. The couple must have been married for at least one year before filing for a mutual consent divorce. The court will then grant a decree of divorce if it is satisfied that both parties have mutually agreed to end their marriage.
Contested Divorce Petition:
Contested Divorce is filed when one party does not agree to the divorce. In such cases, the grounds for divorce must be proved in court, and the court will then decide whether or not to grant the divorce. The grounds for filing a contested divorce petition include adultery, cruelty, desertion, mental disorder, and incurable disease. This type of divorce petition is more complex and can take longer to resolve, as both parties may have to appear in court and present evidence to support their claims.
Divorce Petition on the Grounds of Adultery:
Adultery is one of the grounds for filing a contested divorce petition. This type of divorce petition can be filed by the innocent spouse who has been cheated on by the other party. In this case, the petitioner must provide evidence of the adultery committed by the other party. The court will then decide whether to grant the divorce or not.
Divorce Petition on the Grounds of Desertion:
Desertion is another ground for filing a contested divorce petition. This type of divorce petition can be filed when one spouse has deserted the other for a continuous period of two years or more. The petitioner must prove that the other party has deserted them without any reasonable cause. If the court is satisfied with the evidence provided, it may grant the divorce.
Divorce Petition on the Grounds of Cruelty
Cruelty is also one of the grounds for filing a contested divorce petition. This type of divorce petition can be filed when one spouse has subjected the other to mental or physical cruelty. The petitioner must provide evidence of the cruelty suffered by them. The court will then decide whether to grant the divorce or not.
Divorce Petition on the Grounds of Mental Disorder
Mental disorder is a ground for filing a contested divorce petition. This type of divorce petition can be filed when one spouse is suffering from a mental disorder that makes it impossible for them to carry out their marital duties. The petitioner must provide evidence of the mental disorder and its effect on the marriage. The court will then decide whether to grant the divorce or not.
Divorce Petition on the Grounds of Incurable Disease:
Incurable disease is another ground for filing a contested divorce petition. This type of divorce petition can be filed when one spouse is suffering from an incurable disease that makes it impossible for them to carry out their marital duties. The petitioner must provide evidence of the incurable disease and its effect on the marriage. The court will then decide whether to grant the divorce or not.
In conclusion, divorce is a legal process that can be initiated in India by filing a petition in court. You can hire a professional divorce lawyer. So that he can help you handle the process in the most effective way possible.The type of divorce petition filed will depend on the grounds for divorce. Mutual Consent Divorce is the most common type of divorce petition in India, while contested divorce petitions are filed when one party does not
