DIVORCE
Grounds for Divorce
It is important to bear an understanding of the applicable law. Divorce procedures in India vary based on the religion and community of the parties involved.
Indian Divorce Act 1869
Governs the divorce procedure for Christians.
Hindu Marriage Act 1955
For Hindu, Jain, Buddhist and Sikhs.
Parsi Marriage and Divorce Act 1936
Is followed for Divorce Procedure in Parsi couples.
Dissolution of Muslim Marriage Act, 1939
Procedure and Grounds for Divorce under this Act are taken into account for Muslim couples.
Section 13 of the Hindu Marriage Act provides for the grounds on which divorce can be filed. A Decree of divorce can be obtained on the following grounds:
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1. Adultery
Voluntary sexual intercourse with someone other than the spouse after the marriage.
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2. Cruelty
Physical or mental cruelty that makes it impossible for the parties to live together. This includes physical violence, mental harassment, or any conduct that causes reasonable apprehension of danger to life or health.
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3. Desertion
Desertion for a continuous period of not less than 2 years immediately preceding the presentation of the petition. This means one spouse has abandoned the other without reasonable cause and without consent.
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4. Conversion
Conversion to another religion. If either party has ceased to be a Hindu by conversion to another religion, the other party can seek divorce.
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5. Venereal Disease
Suffering from venereal disease in a communicable form. This includes diseases like syphilis, gonorrhea, etc., that can be transmitted to the spouse.
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6. Renunciation
Renouncing the world by entering a religious order. If either party has renounced the world by entering any religious order, the other party can seek divorce.
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7. Presumption of Death
Not heard alive for 7 years or more. If a person has not been heard of as being alive for a period of 7 years or more by those who would naturally have heard of them, they are presumed to be dead.
Common Grounds for Divorce
The Hindu Marriage Act, 1955
Adultery
Cruelty
Desertion
Conversion
Insanity
Venereal Disease
Renunciation
Presumption of Death
Additional Grounds Available to Wife
Under Section 13(2) of the Hindu Marriage Act, a wife can also seek divorce on the following additional grounds:
- •If the husband has been guilty of rape, sodomy, or bestiality
- •If a decree or order has been passed against the husband awarding maintenance to the wife
- •If the marriage was solemnized before the wife attained the age of 15 years and she repudiated the marriage after attaining that age but before attaining the age of 18 years
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