Under Indian law, the legal grounds for divorce vary depending on the personal law applicable to the couple, but commonly include adultery, cruelty, desertion, and mental illness. Divorce by mutual consent is also an option.
Adultery: Having a sexual relationship outside of the marriage.
Cruelty: Physical or mental abuse by one spouse that makes it difficult or unbearable for the other to continue living together.
Desertion: One spouse abandoning the other without a reasonable cause and without the other's consent for a certain period (typically two years).
Mental Disorder: A severe mental illness that makes it impossible for one spouse to fulfill their marital duties.
Conversion to Another Religion: If one spouse converts to another religion, it can be grounds for divorce.
Communicable Disease: Suffering from a serious communicable disease like leprosy or a venereal disease.
Renunciation of the World: One spouse renouncing worldly life and becoming a religious ascetic.
Presumption of Death: If a spouse is missing and has not been heard from for a certain period (seven years), they may be presumed dead, allowing the other spouse to seek divorce.
Irretrievable Breakdown of Marriage: In some cases, the court may grant a divorce if it finds that the marriage has irretrievably broken down.
Mutual Consent: If both spouses agree that the marriage cannot continue, they can seek a divorce by mutual consent.
Under Indian law, the legal grounds for divorce are defined by various personal laws, such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Indian Divorce Act, 1869 (for Christians), and Muslim personal laws. While the specific provisions may vary, the core grounds are largely consistent across these statutes. The grounds can be broadly categorized into mutual consent and fault-based or contested divorce.
Grounds for Divorce in Indian Law
1. Mutual Consent Both spouses agree to dissolve the marriage and jointly file a petition.
The process typically includes a mandatory waiting or “cooling-off” period (usually six months, which courts may waive in certain cases) to allow for reconciliation before finalizing the divorce
Special Grounds for Women
Certain laws provide additional grounds for women, such as:
Husband’s conviction for rape, sodomy, or bestiality.
Bigamy (husband having another wife alive).
Repudiation of marriage if married before the age of 15 and repudiated after attaining 18
Fault-Based or Contested Grounds
A spouse can seek divorce without the consent of the other on one or more of the following grounds
adultary , cruelty , desertion , mental disorder , conversion , leprosy , renouncation of the world , presumption of the death , irretrievable breakdown .
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