When either of the party to the marriage is not ready to give divorce, then the only option is to file a Petition for divorce before the appropriate Court stating all those grounds on which a party is seeking relief for the Divorce.
There are many grounds for divorce, which are stated in the different Acts and also which are defined by the Hon’ble Supreme Court of India. The most common ground for divorce is physical and mental cruelty by one of the parties. Hon’ble Supreme Court in its bunch of judgments has defined cruelty such as physical assault, mental torture, giving suicide threats and attempts to suicide, defaming each other, refuse to have child, filing false complaint against each other, drive the spouse into depressing, termination of job due to false complaint, ill-treatment to in-laws, racism, assassination of character, etc. Apart from this, the other grounds are defined in the various Acts which are as follows-
- Extra-marital affair/Adultery
- Wife was pregnant at the time of marriage
- Willful refusal to have sexual relationship;
- Forcing wife into Prostitution
- Desertion by either of the spouse for 2 years
- Either of the party fails to comply with restitution order
- After passing maintenance order, there is no cohabitation for one year by the husband
- Physical and mental cruelty
- Unsound mind/ mental disorder which is not curable
- Venereal disease which is not curable
- Either of the party renounce the world
- Either of the party is missing for 7 years
After filing the Petition, the Court would direct parties to participate for the Mediation to check if the parties can reunite together. In the event, if mediation fails then the Trial goes on till the final hearing. The parties will have to submit their respective evidence and each party would get chance to cross-examine the other party. The success in such matters is completely dependent on effective planning and appropriate steps at the appropriate time.
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