Divorce Cases lawyer in Delhi.

– Theories of Divorce:
– Guilt Theory: implies a guilty party, which means the commission of a matrimonial offense by the respondent, such as adultery, cruelty, or desertion ¹.
– Consent Theory: suggests that since parties are free to enter into marriage, they should also be free to dissolve it ¹.
– Irretrievable Breakdown of Marriage Theory: defines breakdown of marriage as a failure in the matrimonial alliance with no chance left for revival ¹.
– Grounds of Divorce:
– Adultery: sexual intercourse with a person other than the spouse ¹.
– Cruelty: physical or mental torture, or any other kind of harassment ¹.
– Desertion: abandonment of one spouse by the other without a meaningful reason ¹.
– Legislative Framework in India:
– The Hindu Marriage Act, 1955: regulates divorces for Hindus, Jains, Buddhists, and Sikhs ¹.
– The Dissolution of Muslim Marriage Act, 1939: regulates divorces for Muslims ¹.
– The Indian Divorce Act, 1869: regulates divorces for Christians ¹.
– Important Case Laws:
– N.G. Dastane v. S. Dastane: a landmark case on cruelty as a ground for divorce ¹.
– Naveen Kohli v. Neelu Kohli: a case on irretrievable breakdown of marriage ¹.