Legal-Grounds-For-Divorce-in-India

What Are The Legal Grounds For Divorce In India?

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In India, taking a Divorce is not an easy task it is considered a taboo bigger than sex and homosexuality. One seeking a divorce must keep in mind to be sane and not just emotional while taking the decision. In addition, with the help of this article we will be telling you about the different grounds on which you can file your divorce and live a free life of your choice if that is what your calling is.

The nine below mentioned terms are the legal grounds for Divorce that are present in all the present enactment on the divorce law – 

  1. Desertion
  2. Adultery
  3. Conversion 
  4. Venereal disease 
  5. Renunciation 
  6. Insanity 
  7. Presumption of death 
  8. Cruelty 
  9. Leprosy; However, the recently added Personal Laws (Amendment) Bill, 2018 has removed leprosy as the basic ground to seek Divorce. 

Some of the other reason to reach out to the court for seeking a divorce can be – 

  1. Sodomy
  2. Bestiality
  3. Bigamy
  4. Moral turpitude – e.g. Rape. 

The grounds of Divorce in India as per the cast and religion divisions in the constitution of India

It is vital to own an opinion of the Appropriate Law when seeking a divorce from your partner:

  1. Indian Divorce Act, 1869 dictates the divorce method for Christians in India.
  2. Hindu Marriage Act, 1955 looks in for Hindu, Jains, Buddhists, and Sikhs.
  3. Parsi Marriage and Divorce Act, 1936 is followed for divorce procedure in Parsi couples.
  4. Approach and grounds for Divorce under the Dissolution of Muslim Marriage Act, 1939 are considered for the Muslim couples in India.

Below are the details of Section 13 of the Hindu Marriage Act, 1955 that Describes the Grounds for Divorce in India –

  1. After the solemnization of the wedding, the mate has had a willing sexual association with anybody other than their spouse.
  2. Where the spouse has, after the solemnization of the marriage, handled the claimant with indifference and tortured them.
  3. The spouse has deserted the candidate for a consecutive period of at least two years instantly preceding the offering of the petition.
  4. Where the spouse has ceased to be a Hindu by conversion to another religion.
  5. The partner has been fatal of unstable mind or has suffered continuously from any kind of mental ailment of such a kind. To such intensity, the petitioner cannot rationally be anticipated to live with the respondent.
  6. Where the spouse has been suffering from venereal disease in a communicable form.
  7. Where the partner has forsaken worldly pleasures by enrolling in any religious order.
  8. The spouse has not been alive for seven years or more by those who would usually have learned of it had that person been alive or not.

Besides the grounds mentioned above for Divorce, there are a few more grounds and bases under which one can seek a divorce. The grounds are specifically available for the woman – 

  1. If the husband is already married at the time of the new marriage and has not divorced his former wife and the wife is alive at the time of marriage, it can be a legal ground to seek Divorce. 
  2. If by any chance the husband is found guilty of offenses that are not natural like sodomy or bestiality or guilty of a violation of moral turpitude, for example – rape, corruption, etc. The wide can seek Divorce from her husband on these grounds.
  3. Her marriage (whether completed or not) was observed before she attained the age of fifteen years. She has declined the wedding after reaching that age but before attaining the age of eighteen years.

If you are in need of a detailed information regarding the same or any other legal issue, contact us and speak to our experienced lawyer for cost free consultation.

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