Divorce is a legal process that marks the end of a marriage, and in India, it is governed by various personal laws related to different religions. Under the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs, there are several grounds for divorce. Here’s a comprehensive look at these grounds:
Adultery
Adultery was initially a criminal offense under Section 497 of the Indian Penal Code; however, it was decriminalized by the Supreme Court in 2018. In the context of marriage, if a spouse has voluntary sexual intercourse with another person who is not their spouse, it is considered adultery, and the aggrieved spouse can file for divorce.
Cruelty
Cruelty can be both physical and mental. It refers to any behavior that causes reasonable apprehension in the mind of the spouse that their mental or physical health is in jeopardy. This includes abuse, harassment, and other forms of harmful conduct.
Desertion
If a spouse abandons their partner without a reasonable cause for a continuous period of not less than two years, it is considered desertion. The deserted spouse can file for divorce based on this ground.
Conversion
Conversion to another religion, without the consent of the spouse, is another ground for divorce. This involves renouncing the current religion and adopting a new one.
Mental Disorder
If a spouse is suffering from a mental disorder to such an extent that it is impossible for the other spouse to live with them, it can be a ground for divorce. The mental disorder must be of such a kind and to such an extent that the spouse cannot be reasonably expected to live with the patient.
Leprosy
A spouse can seek divorce if the other is suffering from a virulent and incurable form of leprosy.
Venereal Disease
If a spouse is suffering from a venereal disease in a communicable form, the other spouse can file for divorce.
Renunciation
Renunciation of the world by entering any religious order is another ground for divorce. This is considered equivalent to civil death.
Presumption of Death
If a spouse has not been heard of as being alive for a period of seven years or more, the other spouse may obtain a divorce.
Irretrievable Breakdown of Marriage
The Supreme Court of India has recognized ‘irreconcilable differences’ as a ground for divorce, which means that the marriage has broken down beyond repair.
Special Grounds Available to WomenWomen have additional grounds for divorce under the Hindu Marriage Act, such as:
– If the husband has indulged in rape, sodomy, or bestiality.
– If the husband has been guilty of bigamy (i.e., has another wife living).
– If the husband has been guilty of marital rape.
– If there has been a non-resumption of cohabitation after the passing of a decree/order of maintenance.
– If the husband has not complied with a decree for restitution of conjugal rights for a period of one year or more.
It’s important to note that the grounds for divorce can vary depending on the personal law applicable to the couple. For instance, the grounds for divorce under Muslim, Christian, Parsi, and civil marriage laws may differ from those under the Hindu Marriage Act.