Grounds for Divorce in India

What is Divorce?

Divorce means when a married couple decides to end their marriage officially. It involves legally undoing the responsibilities and commitments they made when they got married. This process is governed by the laws of the country or state they live in. In the past, divorce was often seen as a big taboo, but now it’s more accepted.

Section 13 of the Hindu Marriage Act, 1955, addresses divorce and its reasons. Divorce is no longer taboo, and couples can seek divorce on any of the grounds specified in the Act. However, the court and legislature have always sought to protect the institution of marriage; hence, Section 14 of the Act states that neither party to a marriage may submit a divorce petition within one year of their marriage. The tie or link between a husband and a wife, which was originally regarded as indestructible, has altered with time; they can now be separated through legal procedures such as divorce, reflecting evolving social norms and legal frameworks surrounding marriage.

Geeky Takeaways:

• Divorce processes in India begin with the filing of a divorce petition and conclude with the issuance of a final divorce decree once all divorce proceedings have been completed.
• The divorce process is split into six stages: petition filing, summons served, response, trial, interim orders, and final orders.
• Divorce is the legal dissolution of a marriage that begins with the filing of a petition in a court of law and continues through additional divorce procedures.

Grounds for Divorce

Section 13(1) specifies the grounds on which a divorce can be filed by either of the partners in marriage. After the alteration in 1976, the grounds for divorce outlined in Section 13 of the Act and under Section 10, judicial separation are comparable. The parties also have the option of judicial separation instead of divorce, which allows them to reconsider their choice. The goal is to preserve the holy institution of marriage and make attempts for reconciliation. The following are the grounds for divorce:

1. Adultery

Adultery may not be considered an offense in many nations. However, according to the Hindu Marriage Act, adultery is one of the most essential grounds for divorce. Adultery is defined as consenting and voluntary sexual intercourse between a married person and another person, married or unmarried, of the opposite sex. Even if the husband and his second wife have intercourse and their marriage is regarded as bigamy, the person is accountable for adultery. The Marriage Laws Amendment Act of 1976 amended the Hindu Marriage Act to include the concept of adultery.

2. Venereal Disease

According to this principle, if the sickness is infectious and may be passed on to the other spouse, it can be used as a legal ground for divorce. For example, Aman and Bishi married on September 20, 2011. Later, Aman had a venereal illness, which is incurable. Bishi may potentially become infected with the sickness if she stays with Aman. Bishi can file a petition in the court for the dissolution of the marriage.

3. Conversion

If one of the spouses coverts his/her religion without the approval of the other spouse, the other spouse may file a petition in the court for divorce. For example, Aman, a Hindu, has a wife named Bishi and two children. Aman went to church one day and converted to Christianity without Bishi’s consent. In this case, Bishi can go to court and seek divorce based on the conversion.

4. Desertion

Desertion refers to the permanent abandonment of one spouse by the other without acceptable reasons or agreement. In general, one party’s refusal to fulfill marital commitments. Before 1976 Amendment, desertion was only considered a ground for judicial separation, not divorce. However, desertion by one of the spouses for a continuous period of two years immediately before the filing of the petition is now a valid reason for both divorce and judicial separation. Essentials of desertion are:

• Permanent abandonment of the other spouse.
• Rejecting the responsibility of marriage.
• Without any fair justification.
• No consent from another spouse.

5. Cruelty

The idea of cruelty encompasses both mental and physical cruelty. Physical cruelty occurs when one spouse hits or injures the other spouse. However, the idea of mental cruelty was introduced since the other spouse might also psychologically harass the spouse. Mental cruelty is characterized by a lack of compassion that has a negative impact on the individual’s health. Physical cruelty is easy to see, but mental cruelty is more challenging.

In the case of Dastane vs Dastane (1975), the Supreme court emphasized the importance of mental cruelty.

6. Insanity

Insanity refers to a person’s unstable mind. Insanity as a cause for divorce requires the following two requirements:

• The respondent has irreversibly lost his mental capacity.
• The respondent has been suffering from a mental condition of such a nature and severity that the petitioner cannot fairly
• be expected to live with him.

If one of the parties, either the husband or the wife, is of unsound mind, it is a legal reason for divorce. It is provided by Section 13(1)(iii) of the Act. The unsoundness might be continuous or intermittent, and it is incurable to the point that the petitioner is unable to continue marital life with the respondent.

7. Leprosy

Leprosy is an infectious illness that affects the skin, mucous membranes, and neurological system. It is spread from person to person. As a result, it is regarded as a valid reason for divorce.

8. Renunciation

It implies that if one of the spouse decides to renounce the world and follow God’s way, the other spouse may approach the court and seek divorce. In this view, the party that renounces the world is regarded as civilly dead. It is a common Hindu practice and is recognized as an acceptable reason for divorce. For example, Aman and Bishi married and had a lovely life. One day, Aman chooses to give up the world. Bishi has the right to approach the court and seek divorce.

Divorce- FAQs

Are there different laws of divorce for different religions in India?

There are distinct divorce rules for different religions. Hindus (including Sikhs, Jains, and Budhs) are controlled by the Hindu Marriage Act, 1955. Christians are controlled under the Indian Divorce Act, 1869 and the Indian Christian Marriage Act, 1872. Muslims are controlled by personnel divorce laws, as well as the Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986. Similarly, Parsis are controlled under the Parsi Marriage and Divorce Act of 1936. There is also a secular statute called the Special Marriage Act of 1954.

What exactly do you mean by “voidable marriages?”

Voidable marriages are those that can be canceled by a nullity declaration at the request of either party. According to Section 12 of the Act, the grounds on which a marriage might be voidable at the discretion of any husband or wife are as follows:

• Spousal impotence.
• Unsoundness of Mind
• If the permission to marry was gained by force or deceit,.
• Pre-marital pregnancy.

How does judicial separation vary from divorce?

Judicial separation occurs when a marriage is not ended but the spouses do not fulfill conjugal responsibilities and are not obligated to live with each other. Section 10 deals with judicial separation, which is referred to as an alternate remedy to divorce. In judicial separation, there is the potential for reunion and resumption of matrimonial rights; nevertheless, once the divorce order is issued, marriage ends.

What is the punishment for bigamy under the Hindu Marriage Act, 1955?

According to Section 17, if a person is guilty of bigamy, he will be punished under Sections 494 and 495 of the Indian Penal Code, 1860, and such a marriage would be declared null and void under the Hindu Marriage Act, 1955.

How does divorce work?

Divorce processes usually begin with one spouse filing a divorce petition. This initiates legal proceedings that typically involve stages such as serving summons, responding to the petition, trial, interim orders, and finally, the issuance of a final divorce decree by the court.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.