Withdraw of Consent: Consent given for divorce by ‘mutual consent’ are often withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases, a decree for divorce won’t be granted.
Contested Divorce: just in case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition are often filed. The husband and wife are during a conflict when choosing a contested divorce. More often than not, matters like child custody, maintenance etc are faraway from resolution. There are 11 grounds for divorce available to both the husband and wife under the law, out of which 5 exclusive grounds are available to the wife against her husband. These grounds are-
Cruelty- Cruelty could also be physical or mental. consistent with the Hindu Divorce Laws in India, if one spouse features a reasonable apprehension within the mind that the opposite spouse’s conduct is probably going to be injurious or harmful, then there’s sufficient ground for obtaining divorce thanks to cruelty by the spouse.
Adultery- In India, a person that commits adultery (i.e. has consensual sexual activity outside of marriage) are often charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the opposite hand, a wife commits adultery, she can’t be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
Desertion- One spouse deserting the opposite without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the opposite should shall desert and there should be proof of it. As per Hindu laws, the desertion should have lasted a minimum of two continuous years. Christians, however, won’t be ready to file a divorce petition solely for this reason.