Advocate for Divorce Cases

• January 13, 2024
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The new Divorce legislation in India states that adultery is not penalized but can be used as grounds for divorce. The court noted that since punishing an adulterous spouse and partner is ineffective as a marital remedy, it makes no sense in these situations. In summary, partners may file for divorce based on adultery, but they are not permitted to pursue punishment against their adulterous spouse. In legal parlance, the state of affairs known as separation or breakdown of the marriage occurs when a couple is adamant about ending their marriage and is no longer able to live together. The partners are unable to live together as husband and wife, even though they might not share a roof. The court may permit the divorce to proceed if it determines that there are no prospects for reconciliation and if one or both of the spouses are unwilling to cohabitate.

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