Grounds of Divorce in India
Divorce is the legal process of ending a marriage. In India, divorce laws are governed by personal laws specific to different religions. Each set of laws outlines the valid grounds on which a couple can seek divorce. Let us understand the grounds for divorce in the Indian context under different laws.
Grounds of Divorce under Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 applies to Hindus, Jains, Buddhists, and Sikhs. Section 13 of the Act lays down the following grounds for divorce:
Adultery: If either spouse has voluntary sexual intercourse with someone other than their spouse after marriage.
Cruelty: If one spouse treats the other with physical or mental cruelty, making it unbearable to continue living together.
Desertion: If one spouse deserts the other for at least two continuous years without reasonable cause.
Conversion: If one spouse converts to another religion without the consent of the other.
Unsoundness of Mind: If one spouse is suffering from a mental disorder making it impossible to live together.
Leprosy: If one spouse suffers from a virulent and incurable form of leprosy.
Venereal Disease: If one spouse suffers from a communicable and incurable venereal disease.
Renunciation of the World: If one spouse renounces worldly life by entering a religious order.
Presumption of Death: If one spouse has not been heard of as alive for seven years or more.
Additional Grounds for Divorce for Women
Under the Hindu Marriage Act, a wife can also file for divorce on the following grounds:
Husband is guilty of bigamy (marrying another woman).
Husband has committed rape, sodomy, or bestiality.
Husband has failed to pay maintenance ordered by the court.
Wife was married before she turned 15 years old, and she repudiates the marriage after turning 18.
Grounds of Divorce under the Special Marriage Act, 1954
The Special Marriage Act, 1954 applies to all Indian citizens irrespective of religion who have registered their marriage under the Act. The grounds for divorce are similar to the Hindu Marriage Act and include:
Adultery
Cruelty
Desertion
Mental disorder
Venereal disease
Presumption of death
Conversion to another religion
In addition, mutual consent divorce is permitted under Section 28 of the Act, where both spouses agree to dissolve the marriage.
Grounds of Divorce under Muslim Law
Under Muslim law, divorce can occur through different modes such as Talaq, Khula, and Faskh. The grounds for judicial divorce are laid down in the Dissolution of Muslim Marriages Act, 1939:
Absence of Husband: If the husband has been missing for four years.
Failure to Maintain: If the husband fails to provide maintenance for two years.
Impotence: If the husband is impotent.
Cruelty: If the husband treats the wife with cruelty.
Failure to Perform Marital Obligations: If the husband fails to fulfill his marital duties for three years.
Insanity or Leprosy: If the husband suffers from unsoundness of mind or an incurable disease.
A Muslim woman can also file for divorce if she was married before 15 years of age and repudiates the marriage before turning 18.
Grounds of Divorce under Christian Law
The Indian Divorce Act, 1869 governs divorce among Christians in India. The grounds for divorce include:
Adultery
Cruelty
Desertion for at least two years
Conversion to another religion
Unsoundness of Mind
Venereal Disease
Presumption of Death
A Christian wife can seek divorce if her husband has committed rape, sodomy, or bestiality.
Grounds of Divorce under Parsi Law
Under the Parsi Marriage and Divorce Act, 1936, the grounds for divorce are:
Adultery
Cruelty
Desertion for more than two years
Insanity or Unsoundness of Mind
Leprosy or Venereal Disease
Imprisonment of spouse for more than seven years
Bigamy or marrying another person during subsistence of marriage
Presumption of Death (absence for seven years)
Divorce by Mutual Consent
Mutual consent divorce is a hassle-free option available under the Hindu Marriage Act, Special Marriage Act, and other personal laws. Both spouses must agree to dissolve the marriage, and they need to fulfill the following conditions:
Both parties have lived separately for at least one year.
Both parties agree to the divorce voluntarily.
Mutual consent divorce involves filing a joint petition in court, followed by a six-month cooling-off period.
Conclusion
Divorce laws in India provide specific grounds to ensure fairness for both spouses. Whether it is cruelty, adultery, or mutual consent, couples can seek legal recourse based on their circumstances. Understanding these laws helps individuals make informed decisions and safeguard their rights under marriage. For legal advice tailored to your situation, consulting a qualified lawyer is always recommended.