DIVORCE LAW

the person would probably have communicated
with some of his or her friends and relatives. This
presumption under the provision of law is not rigid
and death may even be presumed before lapse of
seven years from proof of special circumstances.
The onus of proving the absence of the respondent
for the statutory period without being heard of as
alive lies on the petitioner. The petitioner is
required to give particulars relating to the last date
of cohabitation, the date and place last seen the
respondent and steps taken to trace the
respondent. Evidence as to reasonable inquiry or
search about the respondent is necessary to be
adduced by the petitioner. But the onus of proving
that the respondent is alive lies on the person who
pleads so.
Grounds for divorce in India: The following are the
grounds for divorce in India on which a petition can be filed
only by the wife.
‣ If the husband has indulged in rape, bestiality and
sodomy.
‣ If the marriage is solemnized before the Hindu
Marriage Act and the husband has again married
another woman in spite of the first wife being alive,
the first wife can seek for a divorce.
Divorce Law – An Overview