Legal Grounds for Divorce in India

Out of these grounds, domestic violence has also become an important reason for failure in a marriage that adds to the increasing divorce rate in India. This blog deals with legal grounds of divorce in India, taking special emphasis on the topic of domestic violence and legal remedies thereof. It is also dealt here about such a role played by these domestic violence lawyers in trying times for their clients.

Understanding Divorce in India

Divorce is a legal process that dissolves a marriage. It is of two types: mutual divorce and contested divorce. In a mutual divorce, both the parties agree with the procedure, whereas in a contested divorce, a party seeks divorce on specified grounds. Indian laws find a balance between the sanctity of marriage and rights of an individual.

Grounds for Divorce in India

The grounds for divorce differ under various personal laws, but commonly comprise:

1. Adultery

The most common cause of divorce is adultery, where one spouse has a liaison outside the marriage. Such behavior must be supported by evidence.

2. Cruelty

Both physical and mental cruelty form valid grounds for divorce. Domestic violence can be classed as cruelty, for example, physical assault, psychological manipulation, or economic exploitation over time.

3. Desertion

If one spouse leaves the other without valid reason for an unending period, usually two years, then it is abandonment and offers a basis on which divorce can be argued.

4. Conversion

A party can also argue for divorce when his or her spouse converts to a different religion.

5. Mental Disorder

A spouse who has an incurable disease of the mind and, as regards to that spouse's own welfare, it would not be safe or practicable for that spouse to live with the spouse can get himself/herself a decree of divorce.

6. Renunciation of the World

Hindu Law accepts renunciation of life in the world, termed as sanyaas as a valid reason for divorce.

7. Presumption of Death

If a spouse has not been heard of for at least seven years, the other party may file for divorce on account of presumed death.

Domestic Violence as Ground for Divorce

The issue of domestic violence has become extremely common in India. Marriages are sometimes called off due to the same. Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides protection and relief to victims of abuse.

What is Domestic Violence?

Definition of Domestic Violence

Domestic violence is that which falls in the ambit of the following categories:

• Physical Abuse: Any act that causes assault or bodily harm.
• Emotional Abuse: Insult, humiliation, or threat.
• Sexual Abuse: Forcing to commit sexual acts or harassing.
• Economic Abuse: Withholding resources or self-autonomy.

Role in Divorce Cases

The victims of domestic violence can seek dissolution on the ground of cruelty available under personal laws. In this regard, the medical reports and evidence of cruelty, testimonial and oral evidence of witnesses, complaints to the police, etc., are considered by courts. Thus, relief is granted by a court.

How Domestic Violence Lawyers Can Help

An expert domestic violence lawyer can:

• File complaints under the PWDVA for protection and maintenance.
• Assist to gather evidence in the case for divorce.
• Ensure every client reaches court.

Divorce Rate in India

Divorce cases in India have always registered relatively low figures compared to that of the West. There has, however, been a considerable rise in the number of divorce cases in recent times. This has been because of the shift in mentality, more awareness of the legal rights, and lack of stigma attached to separation.

Factors that contribute to the increase in the rate of divorce include the following:

• Economic independence of women.
• Increasing consciousness over matters like domestic violence.
• Change in the perception of marriage and also with regards to individual happiness.

Though an increase in the number of divorce cases portrays a change in societal values, it also demands well-developed legal systems dealing with marital disputes.

Domestic Violence Lawyers and Divorce Cases

Divorce cases, particularly those involving domestic violence, need a family law expert who is also empathetic to the emotional aspects of the case. A lawyer specializing in domestic violence cases in Noida or any other city can help with the following services:

1. Legal Consultation

Legal options available and their implications need to be understood. Lawyers provide sound advice according to the situation of the client.

2. Filing Petitions

Drafting and filing of the divorce petition, from responding to counterclaims, lawyers make sure that all the legal documents are correct and on time.

3. Representation in Court

A good lawyer represents the interest of the client in court and ensures a fair hearing.

4. Settlement

When it comes to mutual divorce, lawyers act as middlemen to settle amicable solutions to the parties involved, mainly on alimony, child custody, and property settlement.

Procedure for Filing a Divorce in India

Divorce procedure in India is divided into a few steps:

1. Consultation: A client seeks the opinion of a qualified lawyer on the grounds and procedure.
2. Drafting the Petition: The lawyer drafts the divorce petition by stating the grounds and relief sought.
3. Filing the Petition: The petitioner files the petition in the appropriate family court.
4. Notice: The court serves notice to the other party to respond.
5. Court Proceedings: Both parties put their case before the court with the help of evidence and testimonies.
6. Decree of Divorce: If the court is satisfied, it issues a decree to dissolve the marriage.

Obstacles in Divorce Cases Based on Domestic Violence

Divorce cases based on domestic violence are also prone to many complications like:

• Proving Abuse: Proper evidence to establish domestic violence is hard to collect.
• Social Stigma: The society could always pressure the victims back into reconciliation instead of punishment.
• In this case, long court proceedings further increase the emotional and financial hassle.

Despite the above, there is the need to seek legal redress for personal safety and dignity.

Divorce is never an easy choice, especially when this includes matters like domestic violence. However, India's legal framework has provided for full-fledged remedies regarding such disputes while safeguarding rights for individuals. And it is important that seeking legal grounds for divorce with experienced lawyers be approached so that the process becomes simpler.

For the victims of abuse, a domestic violence lawyer would be the difference between justice and dignity. The norms of society are changing day by day, and the rising divorce rate in India speaks of the growing empowerment of people to place their well-being over the norms of society.