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DIVORCE LAW

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The intangible acts of cruelty through mental<br />

torture are not judged upon one single act but<br />

series of incidents. Certain instances like the food<br />

being denied, continuous ill treatment and abuses<br />

to acquire dowry, perverse sexual act and such are<br />

included under cruelty. See Samar Ghosh v.<br />

Jaya Ghosh (2007) 2 SCC 511, Savitri Pandey<br />

v. Prem Chandra Pandey (2002) 2 SCC 73,<br />

Parveen Mehta v. Inderjit Mehta (2002) 5 SCC<br />

706.<br />

Conversion – Incase either of the two converts himself/herself<br />

into another religion, the other spouse may file a<br />

divorce case based on this ground. A Hindu<br />

marriage may be dissolved by a decree of divorce<br />

on the ground that the respondent has ceased to<br />

be a Hindu by conversion to another religion.<br />

Though s. 13(1)(ii) confers expressly right on a<br />

spouse to present a petition for divorce against<br />

the other spouse who has changed his or her<br />

religion after the solemnization of marriage, but<br />

the apostate can also file a petition for dissolution<br />

of marriage after he or she has ceased to be a<br />

Hindu under the Hindu Marriage Act. Mere<br />

professing or theoretical allegiance to a religion<br />

Divorce Law – An Overview

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