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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).


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.

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  • 1. What is Alimony?
    Alimony literally means nourishment. but in a simple word it would mean an allowance for the support of wife judicially seprated from her husband, settled at the discretion of the judge on the consideration of all circumstances. In causes between husband and wife, the husband may be ordred to allow the wife alimony during pendency of the suit.
  • 2. What is Maintenance?
    Maintenance may be claim independently even without any matrimonial relief. the obeject of a proceeding for maintenance is to prevent vagaracy. the claim may be made not only by the wife for herself but also for the legitimate or even the illegitimate children .
  • 3. What are grounds of Divorce?
    There are the following grounds of divorce :
    Venerable disease
    Presumption of death
    Renunciation of world.


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