Why its better to give Divorce

Marriages are made in heaven and divorces are made in courts.Relationships are complex and they do end up sometimes. Nowadays in Indian society, divorces are common and it’s no longer a taboo.Divorces are painful but it’s better to give divorce than to suffer in a relationship which is source of grief.

Here are the few signs which would be the signs to end the relationship.

1.No conjugal relationship-: when you and your spouse have nothing in your life to give a status of “Husband” and “Wife”, then point of such relationship is pointless, It is legally advisable to mutually part away in such cases as it is the easiest form to end the marriage.

2. Cruelty-:if your spouse is cruel to you like for women it includes 1. physical violence,mental harassment,mental cruelty and if you are husband cruelty includes 1.lack of sexual interest by wife,lack of cohabitation,even physical violent and mental harassment would include threatening to lodge false cases etc. In such circumstances a recourse to divorce on the ground of cruelty is available.

3. Desertion-:If both husband and wife living separately for period more than 2 years, then a decree of divorce on the ground of desertion may be applied for.

4. Adultery-:If any of the spouse has a relationship outside the wedlock then it would amount to adultery and its a valid ground for departing from the relationship. But you need witnesses and photographs for this, one may hire detective agencies to prove adultery.

These are the main grounds for divorce legally speaking but one must consult a lawyer before discussing with the partner. Because divorce involves payment of maintenance and alimony by the husband.

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By Adv. Nitish Banka
Practicing Advocate District and High courts in Delhi/NCR

6 thoughts on “Why its better to give Divorce

  1. Just because Divorce is frequently heard and not such a taboo today doesn’t mean that “It is Better to give Divorce”. Further the signs you wrote about are merely grounds for divorce as per Hindu Marriage Act Section 13. By that I mean, someone who is willing to take a divorce may look for the grounds available to him/her. The suggestion you made was just absurd. The person should speak to the partner before moving out of the relationship not to a stranger! Just take a case: If lawyer advice the husband that he may end up paying a lot of alimony to his wife , then is it better to continue with the relationship !!!
    I understand it is your personal opinion. But as a law colleague, I felt the article lacked the information and detail it should have considering it being a sensitive issue for some and people may follow unknowingly.

    • Well I fail to agree with your opinion, as this article intends to elaborate main grounds of divorce and it very well states that, because for a layman who does not understand what are the basic grounds for divorce, this article may be useful.Yes I agree with you this is a sensitive issue, and as I have already attached disclaimer with this blog that my articles are only for informational purposes not for any advice and legal opinion.

  2. Thats true.. Divorce is better way to live life happily, if wife does not regard and assume the respect of marriage life and husband as well. In today’s ERA Dowry act 498a has became a business by women and Its true that 90% cases are false, but unfortunately there is no law to punish the false women who is lodging the same. I think in India after some time people will never marriage or afraid to get married with Indian women else nothingg………..

  3. Pingback: Divorce in India-Divorce lawyer in Delhi

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