DIVORCE LAW

Swarajya Lakshmi V. G.C. Padma Rao AIR 1974
(SC) 165.
Venereal Disease – If one of the spouses is suffering from a
serious disease that is easily communicable, a
divorce can be filed by the other spouse. The
sexually transmitted diseases like AIDS are
accounted to be venereal diseases. Venereal
disease in a communicable form is a ground for
obtaining a decree for dissolution of marriage. This
ground affords also a ground for obtaining a decree
for judicial separation.
Not Heard Alive – If a person is not seen or heard alive by
those who are expected to be „naturally heard‟ of
the person for a continuous period of seven years,
the person is presumed to be dead. The other
spouse should need to file a divorce if he/she is
interested in remarriage. A divorce may be granted
on the ground that the respondent has not been
heard of as being alive for a period of seven years
or more by those persons who would naturally
have heard of it, had that party been alive. This is
a legal presumption of death which is based on
English law of evidence. The presumption is drawn
by reason of the fact that if the person were living,
Divorce Law – An Overview