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Can I Get Divorce Due To The Criminal Activities Of My Wife?

  • Writer: Lead India
    Lead India
  • Jul 8, 2023
  • 3 min read

The divorce procedure in India differs from religion to religion. The personal laws of various religions define the conditions under which divorce proceedings can be initiated. The various laws for divorce in India are:

  • Indian Divorce Act, 1869: divorce procedure for christians

  • Hindu Marriage Act, 1955, for hindus, jains, buddhists and sikhs

  • Parsi Marriage and Divorce Act, 1936: divorce procedure for parsi couples

  • Dissolution of Muslim Marriage Act, 1939, for muslim couples

There is no specific ground that directly provides for divorce in case the spouse is charged with a criminal offense or is involved with any criminal activity; however, in such a case, divorce could be filed on the grounds provided under the various other grounds for divorce.


Grounds for divorce under various enactments

Mentioned below are the grounds for divorce under The Indian Divorce Act, 1869-

  1. Adultery

  2. Conversion

  3. Cruelty

  4. The wife could file for divorce on the grounds of rape, sodomy and bestiality

  5. Presumption of death: the spouse has not been seen or heard for seven years or more

  6. Failure to observe the restitution of conjugal rights for at least two years

  7. Spouse is suffering from insanity or any other communicable venereal disease for at least a period of 2 years before filing of divorce

Under the Hindu Marriage Act, 1955, Divorce could be filed on the basis of following grounds:

  1. In the event that the spouse, after the solemnisation of marriage, voluntarily had sexual intercourse with any other person other than his or her spouse,

  2. If the petitioner has been treated with cruelty by the spouse.

  3. In case the spouse has renounced the world

  4. If the spouse has converted to another religion and has ceased to be a Hindu,

  5. In a situation where the spouse is of unsound mind or is suffering from a mental disorder of the kind where it could not be expected of the petitioner to live with the respondent

  6. If the spouse is suffering from some venerable disease of communicable nature.

  7. In case the spouse has renounced the world

  8. In case the spouse has not been heard of as dead or alive for a period of not less than seven years, even by the persons who would have heard of it had the spouse been alive.

In addition to these, some other grounds have specifically been provided to the wife. Under Special Marriage Act, 1954, these grounds for divorce are as follows:

  1. If the husband of the petitioner is found guilty of the offences of rape, sodomy or beastiality

  2. After the order of maintenance has been passed in the favor of the wife and after they have been living apart for a period of at least one year.

  3. If the girl was married before the age of 15 and renounces marriage before she turns 18, can file for divorce.

Under the Muslim Act, grounds of divorce for a woman are:

  1. The husband’s whereabouts have not known for a period of 4 years

  2. The husband has failed to pay the wife's maintenance for at least two years.

  3. The husband has been imprisoned for a period of not less than seven years

  4. In case the husband is unable meet the marital obligations

  5. If the husband of the petitioner indulges in the act of cruelty,

Conclusion

In conclusion, based on the grounds mentioned above, the husband could file for divorce in accordance with his case. If the wife has been charged with a criminal offence, one could file for divorce on the grounds of cruelty, desertion, etc. Under these circumstances, you should seek legal advice as early as possible, as an expert could explain to you the correct procedure to be followed.


Lead India provides a wide pool of experienced lawyers who deal with cases involving divorce, separation, domestic violence, etc. Legal advice is also provided in case of any confusion regarding your case. Hence, you could talk to a lawyer or seek free legal advice online, as required.




Call Us: +91–8800788535

Email: care@leadindia.law


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