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WHAT ARE THE STRONG GROUNDS FOR DIVORCE IN INDIA ?

  • Writer: Lead India
    Lead India
  • Jun 29, 2023
  • 4 min read

Divorce is a mere word, but the lives of a number of people are affected. People who are in a toxic relationship often have the belief that they could end the marriage at their will. They are often not aware of the fact that it is the law and various other reasons that decide how a marriage is going to end, as some laws provide conditions regarding marriages; similar to divorce, some conditions are applied as well.



The Types of divorce in India

Two different types of divorce have been provided as per the law in India. When two parties are directly involved in their decision to divorce, their agreement to separate is called a mutual consent divorce. In these cases, the parties to the marriage, i.e., husband and wife, are only required to affirm before the court that they wish to end their marriage, and after the required process, divorce shall be granted.

In a contested divorce, on the other hand, one of the partners is willing to end the marriage while the other wishes to continue the marriage. In these situations, legal grounds for divorce are required to be proven by the party who has filed for divorce. For further advice on the topic based on the facts of your case, you are advised to contact an experienced Divorce lawyer in Delhi or your own city.

Valid Grounds for Divorce in India?

  • Adultery

Though the Apex Court has struck down adultery as a criminal offense as provided under the Indian Penal Code, 1860, However, it still remains a ground for divorce in India. The rule also applies to couples who are governed by grounds for divorce under the Special Marriage Act.

  • Desertion

When one of the spouses intentionally abandons or leaves the company of his or her partner and is living separately and there has been no cohabitation for a long period of time, it can be termed as desertion under the matrimonial laws.

  • Imprisonment

If one partner has been imprisoned for a period of 7 or more years, the other spouse can apply for divorce on the grounds of imprisonment and could get legally separated from the marriage.

  • Cruelty

Cruelty has been included as a ground for divorce in India under all the religious laws; however, no universal definition exists as to what may constitute cruelty in a marriage. There could be physical as well as mental cruelty.

  • Unsound Mind

If the spouse is of unsound mind and such unsoundness or insanity is incurable with medical therapy, the partner will be unable to remain in the company of such a spouse. As a result, he has grounds for divorce.

  • Venereal Disease

Sexually transmittable diseases (STD), also known as venereal diseases, i.e., diseases that are communicable through sexual intercourse, if either partner is suffering from them, the other partner would be granted divorce.

  • Presumption of Death

If a person is not heard of as being alive for years by those who would normally have heard from him or her, there is no direction left for life. In these situations, the law sometimes allows the left-out spouse to seek divorce in order to start their life afresh.

  • Ceased to Follow Religion

If a person has ceased to be a Hindu, Parsi, or Christian and has converted to another religion, his or her spouse may file an application for divorce on the grounds of religious conversion. In the case of Muslims, if a wife converts to another religion, a decree from the court would be required in this regard; conversion itself won’t simply result in the dissolution of marriage.

In addition to the above-mentioned grounds for divorce, there are some other grounds available:

Special Marriage Act Divorce Grounds provided to Wife

  • In the event that the husband is found guilty of rape, sodomy, or bestiality, his wife may seek divorce.

  • After the orders have been passed by an appropriate court under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, or under Section 125 of the Code of Criminal Procedure, 1973, for maintenance and there has been no cohabitation for a year, wife can apply.

  • In the case of an absence of resumption of cohabitation or restitution of conjugal rights for a period of more than a year, divorce grounds would apply.



Conclusion-

Previously, the Indian culture had no concept of divorce; however, with the changes of the times, society is also accepting new changes. The very purpose of the divorce is to help the couples continue their lives anew if they are not living a happy and peaceful life with their current partner, as it is not always roses and rainbows. In order to have a better understanding of the legal provisions involved with the divorce process, it is advised to seek legal guidance from experienced Divorce lawyers in Lucknow or Divorce lawyers in Ghaziabad.

Lead India offers you a team of experienced advocates who have been successfully dealing with similar cases related to divorce, maintenance, child custody, etc. If you wish to talk to a lawyer or seek free legal advice online, you may contact us.


Call Us: +91–8800788535

Email: care@leadindia.law



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