Marriage is regarded as the most important aspect of a person's life. It is a fresh start, a new ray of sunshine in one's life. In June of last year, 40 000 weddings were recorded in India, according to a poll. On the other side, statistics show that, between June 2022 and July 2023, 56.2% of couples who were previously married divorced or filed for divorce. This indicates that the majority of the married pair want a divorce. But why do weddings produce the same thing if they are the union of two souls? How does divorce work in India? What are its reasons and what rulings have already been rendered by India's prestigious courts on the same. This blog by Hitika Parashar, Bow Valley, Canada (September 2023 intake) will answer all your queries.
Under Hindu marriage laws, there are several grounds for divorce that are recognized by the Hindu Marriage Act, 1955. These grounds provide legal reasons for seeking the dissolution of a marriage. Following are the grounds for divorce under Hindu marriage laws and some judgements passed by the hon’ble Supreme or High Court:
Adultery: If either one of the spouses engages in voluntary sexual intercourse with another human body outside of the said wed-lock, it is termed as adultery. Adultery is a lawful ground in which, the suffering party can file for dissolution of marriage as well.
JUDGEMENT: By the Indian Supreme Court in Yusuf Aziz V. State of Bombay AIR 321, 1954 SCR 930.
In 1951, this was the first instance in which the adultery legislation was contested. It was contested on the grounds that it contravened Articles 14 and 15 of the Constitution, which deal with Fundamental Rights. The petitioners argued that Section 497 of the IPC was unfair to men because it did not punish women who were involved in adulterous relationships. According to Article 15(3) of the Indian Constitution, the court determined that Section 497 of the IPC is constitutionally legitimate. The court argued that the introduction of the adultery legislation was justified because, in the majority of cases, the victim is a woman who cannot be the culprit.
Cruelty: If one spouse is making it problematic for the other one by making him suffer in terms of mental or physical cruelty, then it is considered as a valid ground in the terms of divorce. Cruelty is inclusive of both physical abuse and emotional agony, such as constant disgracement, harassment, or violence.
JUDGEMENTS:
1. G. Sivananda Babu vs. G. Padmini
Andhra high court's AIR 2000 (2) ALD 258, 2000 (2) ALT 259, and II (2000) DMC 760.
HMA 13 1(ia), November 11, 1999
Divorce based on cruelty because the wife was obnoxious in her letter to others about her husband's impotence.
2. Madhukar Reddi vs. Shobha Rani
1988 AIR 121, 1988 SCR (1) 1010 from the Indian Supreme Court.
HMA 13 1(ia) of November 12, 1987
Because the dowry sought by the parents of the husband was unkind to the wife, she filed for divorce.
Desertion: Desertion is that if one domestic partner leaves the another one without their acknowledgement, without their approval or without any valid reason. The party who has been left behind for continuous span of two-three years or more, has every legitimate ground for divorce.
JUDGEMENT:
SRUTHI S. MENON v. SATHISH P.
High Court of Kerala
The respondent-wife received a divorce on grounds of cruelty and desertion. Both solicitors concurred that the divorce should only be granted on the basis of desertion and that the divorce issued on the basis of cruelty should be revoked. Considering that the Family Court has already issued a ruling awarding divorce on the grounds of desertion.
E. Conversion: if one of the wed-lock partners change their religion and the other one wants to call off the marriage, then it is a valid ground for divorce in the eyes of law. Conversion to another religion is regarded as a cardinal alteration in the conditions of the marriage.
JUDGEMENT:
N. Pitchiyammal v. The Accountant General (A E),
MADRAS HIGH COURT
Madurai for a divorce based on abandonment and conversion to a different religion. By ruling dated 24.02.2005, the Family Court in Madurai awarded divorce on the grounds of desertion. Following the court's approval of the divorce on the grounds of desertion and conversion to a different religion. The First Respondent also claims that Rule 49(11-a) governs female divorces for reasons such as desertion and conversion to a different religion. Invoking Rule 49(11-A) of the Tamil Nadu Pension Rule, the petitioner requests a family pension.
F. Mental disorder: If a spouse is suffering from incurable and intense mental illness or disorders that it is impossible for the partner to live with the distressed party, then it is considered as a true ground for separating from the marital relationship.
JUDGEMENT:
Vinita Saxena vs. Pankaj Pandit.
Indian Supreme Court
The ruling issued in the case of Ram 8 Narayan Gupta v. Smt Rameshwari (AIR 1988 SC 2260) by the Supreme Court. The Supreme Court held that the other ground for granting a divorce on the basis of a claim of mental sanity or mental disorder is different from cruelty when it is proven by evidence that the respondent is suffering from a mental disorder (Vinita Saxena v. Pankaj Pandit, 2006, 3 SCC 778).
G. Communicable disease: If a spouse suffers from a communicable bodily disease, for example sexually transmitted diseases like HIV/AIDS. It makes difficult for the other person to continue the marital relation; thus, it is a ground for divorce.
JUDGEMENT:
Gurcharan Singh v. Sukhdev Kaur
AIR 1979 P H 98 by the supreme court of India.
Indian Supreme Court
The ruling issued in the case of Ram 8 Narayan Gupta v. Smt Rameshwari (AIR 1988 SC 2260) by the Supreme Court. The Supreme Court held that the other ground for granting a divorce on the basis of a claim of mental sanity or mental disorder is different from cruelty when it is proven by evidence that the respondent is suffering from a mental disorder (Vinita Saxena v. Pankaj Pandit, 2006, 3 SCC 778).
H. Renunciation of the world: If one spouse discards the world and enters a religious order, and continue that state for more than two or three years, then, a divorce could be legally filed. The other spouse can take the divorce because of the renunciation of the married life.
JUDGEMENT:
Mother Superior and others v. Oriental Insurance Co.
Indian Supreme Court
Because a person who has abandoned the world leaves nothing as an asset for anyone to make a claim viable, the claim petition submitted by a Chela on behalf of the deceased mendicant was dismissed.
These grounds for divorce give those who want to end their marriage in accordance with Hindu law legitimate options.
CONCLUSION
The most important aspect of a culture is its traditions, such as marriage. But it's not a given that these traditions will always be successful. The relationship that was supposed to bring you happiness can actually be cruel, painful, and agonizing. As a result, the Indian judicial system offers you every right to live apart from your spouse rather than experiencing anguish and misery for the rest of the life.
