Seeking divorce on the ground of cruelty and desertion
Section 13 Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(1) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(i-a) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(i-b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition
Explanation
The expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
The expression “psychopathic disorder” means a persistent disorder disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment
Restitution of Conjugal Rights Under Hindu Marriage ACT
Restitution of conjugal rights-* When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation
Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
When the court finds that the spouse at fault / spouse contesting the RCR petition has voluntarily withdrawn herself / himself from matrimonial life without reasonable excuse and if the said spouse also fails to prove that he / she has been living away from each other due to infliction of cruelty of the other spouse the court of law may Order to Resume Conjugal Rights and again live together as husband and wife. However, the said order is appealable within 30 days time as per Section 19(3) of Family Court Act.