What are the legal grounds for divorce in India?

Answer

A:

In India, the legal grounds for divorce vary depending on the religion and personal laws applicable to the couple. However, common grounds under various laws include:

Under Hindu Marriage Act, 1955 (Applicable to Hindus, Buddhists, Jains, and Sikhs):

1. Adultery – Voluntary sexual intercourse with someone other than the spouse.

2. Cruelty – Physical or mental harm or harassment.

3. Desertion – Abandonment for at least 2 continuous years.

4. Conversion – Conversion of one spouse to another religion.

5. Mental Disorder – Unsound mind or mental illness making marital life difficult.

6. Communicable Disease – Conditions like HIV, leprosy, or venereal diseases.

7. Renunciation – Spouse becomes a monk or nun (renounces the world).

8. Presumed Death – Spouse missing for 7 years or more.

Additional Grounds for Women:

• Husband guilty of rape, sodomy, or bestiality.

• Marriage solemnized before age 15 and repudiated after 15.

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Under Special Marriage Act, 1954 (Interfaith/Civil Marriages):

Similar grounds as above including:

• Adultery

• Cruelty

• Desertion (2+ years)

• Mental disorder

• Communicable diseases

• Presumed death

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Under Muslim Law:

• Talaq (by husband)

• Khula (by wife with husband’s consent)

• Faskh (judicial divorce) Grounds: Cruelty, non-maintenance, impotence, desertion, etc.

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Under Indian Divorce Act, 1869 (Christians):

• Adultery

• Cruelty

• Desertion (2+ years)

• Conversion

• Mental disorder

• Communicable disease

• Presumed death

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In Summary:

Common legal grounds across most laws are adultery, cruelty, desertion, mental disorder, communicable disease, conversion, and presumed death. The applicable law depends on the religion and type of marriage (religious or civil).

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