If you are thinking of filing for divorce, and are not sure about the procedure and the grounds on which you can file for divorce, the first step you should take is to consult a divorce lawyer in Delhi. While dealing with the issue of divorce, in most cases, a person believes that his/ her problem is not huge and could be solved or that she/ he could bear with it. But one has to understand that to live a happy and peaceful life your home should be your refuge and safe haven, if this is not the case you won't be at peace anywhere.
Regular tension at home and with your partner puts a toll on your social life as well as your mental health. Thus, if it's not bearable to live such a life with your partner, first of all, you should consult the best lawyers in Delhi, and understand the grounds for divorce, under which your situation could be handled.
Now coming to the question of whether a wife could file for divorce if her husband is unemployed, there is no direct provision in our law to seek divorce on the grounds of the spouse being unemployed. However, some grounds are provided based on which divorce can be sought.
Grounds for the divorce according to the provision provided by the law-
· adultery
· desertion
· conversion
· changing to a new religion
· unsoundness of mind
· cruelty
Cruelty: One such ground is cruelty. Thus, without mentioning the financial status of the husband directly, you can consult the top lawyer in Delhi to file for divorce on the grounds of cruelty, mentioning how the unemployed status of the husband and not maintaining the family is affecting you mentally as well as financially.
Under The Hindu Marriage Act, 1955 cruelty has been provided as the legal ground for divorce, best lawyers in Delhi. Under this provision, a spouse, if facing cruelty from his/ her partner in terms of physical abuse, mental abuse or any other kind of torture, can be grounds for filing for divorce.
According to the Law, cruelty can be defined as
Cruelty should be of the nature that it becomes impossible for the spouse to live together
Charges of false allegation would amount to mental cruelty
Cruelty could be due to differences in the culture of the two parties, thus not necessary if the act was done without intention
Another provision for divorce is the divorce by Mutual Consent: It's provided under Section 32B, husband and wife can together file for divorce on the ground that they are living separately for a period of one year or more, and that they are not willing to live together.
Thus, with proper advice and guidance from an experienced divorce lawyer, you can discuss and decide the kind of approach you wish to take for your divorce. It's your life and it's no use to waste it away for the fear of society or some other similar reason. If you are not happy in your relationship and don't get the love and support you need and deserve from your partner, it's not healthy to continue such a relationship.
Lead India provides a wide pool of experienced lawyers who could guide you through the legal provisions, as well as help you in the divorce proceedings.
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