Grounds for Divorce in India
Your Comprehensive FAQ Guide on various matters related to grounds for Divorce in India.
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1. What are the grounds for divorce in India under Hindu Law?
Under the Hindu Marriage Act, 1955, Sec 13 lays down the grounds of divorce
1. After the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
2. After the solemnisation of the marriage, treated the petitioner with cruelty; or
3. Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
4. Has ceased to be a Hindu by conversion to another religion; or
5. Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Either party to a marriage, whether solemnized before or after the commencement of this Act, may also file for divorce on the grounds:
(i) No resumption of cohabitation for one year or more after the passing of a decree for judicial separation in a proceeding to which both parties were involved.
(ii) No restitution of conjugal rights for one year or more after the passing of a decree for restitution of conjugal rights in a proceeding to which both parties were involved.
A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:
1. If the husband remarried before the Act's commencement, or if another wife of the husband was alive at the time of the petitioner's marriage, and the other wife is still alive at the time of the divorce petition.
2. If the husband has committed rape, sodomy, or bestiality since the marriage.
3. If a court has awarded maintenance to the wife in a separate legal proceeding, such as a maintenance suit or under the Criminal Procedure Code, and the parties have not resumed cohabitation for one year or more.
4.If the wife's marriage was solemnized before she turned fifteen years old, and she repudiates the marriage after turning eighteen.
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2. What are the grounds for divorce in India under Muslim Law?
Under the Judicial Divorce, a Muslim woman can apply for divorce under The Dissolution of Muslim Marriages Act, 1939. Sec 2, deals with Grounds for decree for dissolution of marriage:
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from a virulent venereal disease;(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
(viii) that the husband treats her with cruelty, that is to say, —
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment
(b) associates with women of evil repute or leads an infamous life,
(c) attempts to force her to lead an immoral life,
(d) disposes of her property of prevents her exercising her legal rights over it,
(e) obstructs her in the observance of her religious profession or practice.
Extra Judicial Grounds:
Khula: Khula refers to divorce initiated by the wife. It involves the wife seeking divorce from her husband, often by offering a financial settlement or relinquishing her right to the mahr (dower). The husband has the right to accept or refuse the khula.
Mubarat: Mubarat is a mutual divorce initiated by both spouses by mutual consent. Unlike khula, where the wife seeks divorce from the husband, in mubarat, both parties agree to end the marriage.
3. What are the grounds for divorce in India under the Special Marriage Act ?
Similar to all personal laws, Special Marriage Act has provisions for Divorce and the parties registered under this act can file for the same under Section 27, which states that a petition for divorce can be presented by either by the husband or the wife on the grounds of ―
1. The respondent had voluntary sexual intercourse with any person other than his or her spouse, after the solemnization of the marriage.
2. After the solemnization of the marriage, desertion of petitioner for a continuous period of at least 2 years immediately before filing of the petition.
3. The respondent is undergoing a sentence of imprisonment for seven years or more for an offense as defined in the Indian Penal Code.
4. The respondent has since the solemnization of the marriage treated the petitioner with cruelty.
5. The respondent has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
6. The respondent has been suffering from venereal disease in a communicable form.
7. The respondent has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive.
8. A wife may also present a petition for divorce to the district court on the ground –That after the solemnization of their marriage, her husband has been found guilty of the offence of rape, sodomy or bestiality
9. A decree or order has been passed against the husband awarding maintenance to the wife and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.
A wife may also present a petition for divorce to the district court on the ground
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That after the solemnization of their marriage, her husband has been found guilty of the offence of rape, sodomy or bestiality or
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A decree or order has been passed against the husband awarding maintenance to the wife and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.
4. What are the grounds for divorce in India under the Parsi Marriage and Divorce Act
The Parsi Marriage and Divorce Act lays down the ground for Divorce for Parsi In India
Under Section 31 of the Parsi Marriage and Divorce Act, if a spouse has been absent from their partner for seven consecutive years without any communication or knowledge of their whereabouts, and there's no indication of their survival, the marriage can be dissolved at the request of either spouse.
Section 32 of the Parsi Marriage and Divorce Act enumerates the grounds for divorce as following:
1. Non-consummation of marriage within one year due to the spouse's willful refusal.
2. Persistent unsoundness of mind of the spouse from the time of marriage, provided the other spouse was unaware and initiated proceedings within three years.
3. Premarital pregnancy of the spouse by another person, subject to conditions on the other spouse's knowledge, timely filing, and non-cohabitation.
4. Post-marriage misconduct of the spouse, including adultery, fornication, bigamy, rape, or unnatural offenses. The other spouse must initiate divorce proceedings within two years of discovering such misconduct.
5. Infliction of grievous hurt, transmission of venereal disease, or coercion of prostitution by the spouse within a two-year period. Imprisonment of the spouse for seven years or more, with at least one year served before initiating the divorce proceedings.
6. Desertion by the spouse for a minimum of two years.
7. A maintenance order against the spouse by a Magistrate, coupled with a year of no marital relations.
8. Conversion of the spouse to another religion.
Sec 32B Divorce by mutual consent under the Parsi Marriage and Divorce Act
It allows both parties to file a suit for divorce together, whether their marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988). The grounds for such divorce include: Living separately for a period of one year or more, Inability to live together and Mutual agreement that the marriage should be dissolved.
5. What is the ground for divorce in India for Chrisitans under the Indian Divorce Act ?
The Indian Divorce Act, under Sec 10 lays down the grounds for divorce for Christians. Sec 10. Grounds for dissolution of marriage a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent
that since the solemnization of the marriage, the respondent(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been
consummated; or
(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.
(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.]
Section 10A of the Indian Divorce Act allows for dissolution of marriage by mutual consent. Both parties can jointly petition the District Court if they have been living separately for two years or more, unable to reconcile, and mutually agree to dissolve the marriage. After six months but within eighteen months of filing the petition, if both parties still wish to proceed and the court is satisfied with the petition's validity, a decree dissolving the marriage may be issued, effective from the date of the decree.