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DIVORCE LAW

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satisfied, it cannot grant a decree for divorce<br />

by mutual consent. Otherwise, in our view,<br />

the expression `divorce by mutual consent'<br />

would be otiose.”<br />

Grounds for Divorce<br />

Grounds for divorce is the legal reason for filing<br />

for divorce. Some people confuse grounds with fault.<br />

They fail to understand that under no fault divorce the<br />

courts no longer concern themselves with who is at<br />

fault for the problems in the marriage. There must be a<br />

reason for ending a marriage and in most states that<br />

reason may be as simple as “irreconcilable differences.”<br />

In other words one spouse may be of the opinion that<br />

the marriage has broken down is beyond saving. The<br />

other spouse has little or no say in whether or not there<br />

is a divorce. A petition for divorce may be presented by<br />

either the husband or wife for dissolving the marriage<br />

on the following grounds:<br />

Adultery – The act of indulging in any kind of sexual<br />

relationship including intercourse outside<br />

marriage is termed as adultery. Adultery is<br />

counted as a criminal offence and substantial<br />

proofs are required to establish it. An amendment<br />

to the law in 1976 states that one single act of<br />

adultery is enough for the petitioner to get a<br />

divorce. It is not possible to lay down a hard and<br />

Divorce Law – An Overview

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