I want divorce from my husband who lives in Mangalore what grounds can I file on

Detailed Legal Analysis

In India, you can file for divorce on various grounds as outlined in the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your marriage type. Since you are in Mangalore, you can file your divorce petition in the family court of the city.

Here are the grounds on which you may file for divorce:

• Adultery: Engaging in voluntary sexual intercourse with someone other than your spouse (Section 13(1)(i) of the Hindu Marriage Act).
• Desertion: If your husband has deserted you for a continuous period of at least two years (Section 13(1)(ib)).
• Cruelty: Physical or mental cruelty, which can include harassment or abusive behavior (Section 13(1)(a)).
• Conversion: If your husband has converted to another religion and you do not wish to continue the marriage (Section 13(1)(ii)).
• Mental illness: If your husband is suffering from a severe mental disorder that makes it impossible for you to live with him (Section 13(1)(iii)).
• Incurable disease: If your husband is suffering from a virulent form of leprosy or any other incurable disease (Section 13(1)(iv)).
• Non-fulfillment of marital obligations: This includes refusal to consummate the marriage (Section 13(1)(v)).
• Separation: Living separately for a period of one year or more can also be a ground for divorce (Section 13B of the Hindu Marriage Act, applicable for mutual consent).

To file for divorce, you will need to gather the necessary documentation and follow these steps:

• Consult a lawyer: Seek legal advice to understand your rights and options.
• Prepare the petition: Draft a divorce petition stating the grounds for divorce.
• File in court: Submit the petition in the family court in Mangalore.
• Serve notice: Serve notice to your husband about the divorce proceedings.
• Court hearings: Attend the court hearings as scheduled and provide evidence to support your claims.

It’s essential to note that if both parties agree, a mutual consent divorce can expedite the process, provided you meet the requirements under Section 13B of the Hindu Marriage Act or the corresponding provisions of the Special Marriage Act.