Husband or wife can seek divorce from each other on the grounds of cruelty, desertion, adultery, impotency, refusal of sex, change of religion, etc. If proved by the petitioner divorce may be granted by a single divorce decree which may take minimum eight months to twenty years approximately.
The divorce by mutual consent by both the husband and wife can be taken where both of them living separately without any physical relationship for the last one year after deciding the fate of children, property, alimony, maintenance etc. Minimum six months time is required in final divorce decree. If a party is living abroad and unable to come to India due to some difficult circumstances in that case also a decree of divorce can be granted.
Restitution of Conjugal Rights or Right to live together as husband and wife
If any party refuse to live in the company of other refusing all the responsibilities and duties etc., the court can direct the opposite party to join the petitioner or pay the compensation to the aggrieved party if asked by the wife.
If both the parties want to live separate from each other, whether in the same accommodation, without any cohabitation and without fulfilment of matrimonial duties, they can be allowed to live separate without divorce. At a later stage, they can rejoin and live in harmony, if they feel so after withdrawing the case of judicial separation.
Alimony and Maintenance
Generally wife claims maintenance from her husband but if wife is earning more than the husband then husband also have a right to demand the maintenance from his rich wife. The basic condition of asking maintenance is that husband has refused to maintain her or the children and the wife has a reasonable ground to live separate from her husband. If the husband seeks divorce from his wife, she can also claim alimony for her life as a lump sum amount from her husband who can include the maintenance for herself, the children and their education expenses etc. as per the status of the husband.
Dowry Harassment Cases
Where husband, his family members or near relatives etc. harass, torture or humiliate the wife for the direct or indirect demand of dowry etc. they can be liable to be punished or jailed. The case can be filed by the police / CAW cell normally but case can also be filed directly into the court where the police failed to help the women.
If the wife or lady in a live-in-relationship is being harassed, beaten, tortured, humiliated or thrown out from the house she can file the case against the guilty person directly in the court or her area for maintenance, shelter (house) and safety etc.
Adultery or Bigamy
If any of the spouses has sexual relationship with other person being married or without divorce can be punished or jailed by the court and it can also be a good ground for seeking divorce against the other party.
If the wife or husband want to take the custody of a minor child or children, who has a good source of income, good character, can devote quality time for the child and his/her education and live in a suitable place is entitled for the child custody.