Either spouse may submit a divorce petition under clause I of subsection (1) of section 13 on the grounds of the respondent’s adultery. Dwelling in adultery, as used in old. 13(I)(i), referred to a continuous career of adultery as opposed to one or two transgressions of morality. An overly restrictive and limited interpretation of the phrase “is living” in (old) cl. I of sub-sec. (1) Section 13 of the Act would not be in line with the Legislature’s objective. On the contrary hand, it was evident that these words should not be given a too loose interpretation. Even if the husband had previously been an adulterer but had since severed ties to that lifestyle prior to the petition’s submission, that would still not be sufficient to trigger the application of these terms. It is impossible to establish a firm guideline because each case’s outcome must be determined based on its unique details and circumstances. Get in touch with the famous divorce lawyers in bangalore
Since the Marriage Laws (Amendment) Act of 1976, cruelty has indeed been recognized as a legal basis for both judicial divorce and marital separation. It was only a basis for legal separation prior to that modification; not for separation. According to s.13(l)(ia), mental cruelty is widely defined as behavior that causes the other side such mental agony and anguish that it would become impossible for that person to coexist with the other person. Or, to put it another way, the mental cruelty would have to be of a kind that makes it impossible for the parties to coexist. The circumstance must be so severe that it is unreasonable to expect the person that has been mistreated to come up with the additional party. Consideration must be given to each party’s social standing, educational achievement, the community they live in, the likelihood that they will ever live together if they are now living separately, as well as any other pertinent details and circumstances while coming to this judgment. What is harsh in one situation could not be cruel in the other. 14 In that instance, the woman alleged that her husband and every member of his immediate family were insane in a prepared declaration, and her attorney questioned her husband about the claims. These are all examples of mental cruelty.
The Marriage Laws (Amendment) Act of 1976 amended section 13 of the law to include desertion as a cause of divorce. This one was previously just a justification for legal separation. Desertion now serves as a basis for separation and legal separation.
New NRI-Related Desertion Phenomenon
Several non-resident Indians (NRI) travel to India to wed women who want to leave India through this marital relationship. It is common to witness NRIs getting married to local women, having a good time with them, and then leaving for their native countries in the expectation that their spouses will be taken once the necessary papers have been completed. But none of those expectations come true. In India, they occasionally obtain documents in the form of global divorce decrees. According to reports in Punjab, at least one-fifth of the complaints made by women to the Punjab State Women’s Commission is related to NRI matrimonial scams.