what is divorce ?
       Divorce is the legal dissolution of a marriage between a husband and wife by a court decree.
Classification of Divorce: 2 typs of divorceÂ
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- Contested Divorce
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- Â B. Mutual Consent Divorce
1. Contested Divorce: This occurs when a spouse files a divorce petition due to matrimonial disputes, property/financial conflicts, or domestic violence (inflicted upon either spouse), and the other party contests it.
     (A) Lack of Mutual Consent: A situation where one spouse seeks a divorce while the other intends to sustain the marriage and refuses to grant it.
    (B) Legal Grounds: The petitioner must provide strong statutory grounds and evidence in court. For example:
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- Â Â Â Â (a)Adultery: When a married individual voluntarily engages in sexual relations with someone other than their spouse.
-     (b)Incurable Illness: When a spouse suffers from an incurable medical or psychological condition, such as a severe mental disorder. Â
    (c)If a spouse abandons their partner without intimation and lives separately for a continuous period exceeding two years, it constitutes Desertion.(Note: Mutual Consent Divorce — The statutory rules for this are strictly defined.)2. Essential Conditions:                                                  Â
The divorce petition must be filed with the free and mutual consent of both spouses.
(a) The parties must have been living separately for a period of one year or more. They must have ceased to cohabit as husband and wife.
(b) A continuous separation of at least one year is a mandatory prerequisite before presenting the divorce petition. This provision is governed by Section 13B of the Hindu Marriage Act.
(c) Child custody arrangements and alimony/property settlements are subject to judicial approval and the court’s final decree.
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