INTRODUCTION

Divorce may be defined as the lawful dissolution of jural ties established at marriage. In traditional nuer society, the jural bond establish by marriage were stable; divorce signified by the return of the bride’s wealth was rare. In other words Divorce is the legal dissolution of the marriage in a way other than through the death of one of spouses so that the parties are free to remarry either immediately or after a certain period of time, all mutual obligations and rights of husband and wife ceases. In short after a decree of dissolution of marriage, marriage comes to an End parties ceases to be husband and wife and are free to go their own ways. There remains no bonds expect in relation to section 25 (maintenance and alimony).

TYPES OF DIVORCE

Divorce by Mutual Consent: If both the parties i.e., husband and wife decide to put the marriage an end the court will consider the divorce as “Divorce by mutual consent”. Hindu Marriage Act lays down that a petition for divorce by mutual consent may be presented jointly by both the parties if they have been living separately for a period of one year , they have not been able to live together , they have mutually agreed to live separately.

Divorce without Mutual Consent: In case of Contested Divorce either party can seek divorce without assigning any reason to their spouse before learned court on the grounds of Desertion , adultery , cruelty , Insanity , leprosy , venerable disease, conversion , presumption of death , renunciation of world.