India’s diverse legal landscape recognizes various personal laws governing marriage and divorce. Each Act specifies the grounds for divorce applicable to individuals governed by that particular law. Here’s a breakdown of the grounds for divorce under the major personal laws:
- Grounds for Divorce under the Hindu Marriage Act, 1955:
The Hindu Marriage Act of 1955 governs divorce for Hindus, Buddhists, Sikhs, and Jains. The grounds for divorce under this Act include:
Adultery, defined as engaging in sexual intercourse outside of the marriage, is a valid ground for divorce. A single act of adultery is sufficient to justify a divorce petition.
Cruelty, encompassing both physical and mental cruelty, is another ground. This includes any conduct that endangers the spouse’s life, limb, or health.
Mental cruelty can manifest in various forms, such as continuous ill-treatment, denial of basic necessities like food, dowry-related harassment, and perverse sexual acts. Desertion, defined as the voluntary abandonment of one spouse by the other for a continuous period of at least two years without a reasonable cause, is also a ground for divorce.
Conversion, where either spouse converts to another religion, provides grounds for divorce.
Mental disorder, specifically an incurable mental illness or insanity that renders it impossible for the couple to live together, is also a valid ground.
Leprosy, in its virulent and incurable form, is another specified ground for divorce under this Act. Similarly, suffering from a serious, communicable sexually transmitted disease, such as AIDS, which is considered a venereal disease in a communicable form, is also a ground.
Renunciation of the world, where one spouse renounces worldly life by entering a religious order, is also a ground for divorce.
The presumption of death, where a spouse has not been heard from for seven years or more and is legally presumed dead, allows the other spouse to seek a divorce.
Finally, non-resumption of cohabitation after a court decree of judicial separation for a specified period also constitutes a ground for divorce.
In addition to these grounds available to both spouses, the Hindu Marriage Act also provides certain grounds exclusively for a wife to file for divorce.
These include instances where the husband has committed rape, sodomy, or bestiality.
If the marriage was solemnized before the Hindu Marriage Act came into effect and the husband has subsequently married another woman while the first wife is still alive, the first wife can seek a divorce.
A woman who was married before the age of fifteen can also file for divorce if she repudiates the marriage before turning eighteen. Finally, if there has been no cohabitation for one year or more and the husband neglects to comply with a court-ordered maintenance decree, the wife can file for divorce.
- Grounds for Divorce under the Dissolution of Muslim Marriages Act, 1939:
The Dissolution of Muslim Marriages Act of 1939 provides specific grounds for divorce for Muslim women. These include situations where the husband’s whereabouts are unknown for a period of four years.
-If the husband fails to provide maintenance to the wife for at least two years, this is also a ground for divorce.
-If the husband has been imprisoned for seven or more years, the wife can seek a divorce. -If the husband is unable to fulfill his marital obligations, the wife can file for divorce.
-If the wife was married before the age of fifteen and chooses to end the relationship before turning eighteen, she has grounds for divorce.
-Finally, if the husband engages in acts of cruelty, this is also a ground for divorce for a Muslim woman.
- Grounds for Divorce under the Indian Divorce Act, 1869:
The Indian Divorce Act of 1869 governs divorce for Christians. The grounds for divorce under this Act are: Adultery, conversion to another religion by either spouse, one of the spouses suffering from an unsound mind, leprosy, or a communicable venereal disease for at least two years before the filing of the divorce petition. If a spouse has not been seen or heard from for a period of seven or more years, this is also a ground for divorce. Failure to observe the restitution of conjugal rights for a period of two years or more also constitutes a ground. Inflicting cruelty that causes mental anxiety injurious to health and life is another ground. Additionally, a wife can file for divorce if the husband has committed rape, sodomy, or bestiality.
- Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (as amended in 1988):
The Parsi Marriage and Divorce Act of 1936, as amended in 1988, governs divorce for Parsis. The grounds for divorce under this Act include continuous absence of a spouse for seven years.Non-consummation of the marriage within one year of its solemnization is also a ground.
If one spouse suffers from an unsound mind, provided the other spouse was unaware of this fact at the time of the marriage and the divorce is filed within three years of the marriage, this constitutes a ground for divorce.
If the wife is pregnant by another man at the time of the marriage, provided the husband was unaware of this fact and has not had sexual intercourse with her since discovering it, and the divorce is filed within two years of the marriage, this is also a ground.
Other grounds include adultery, bigamy, fornication, rape, or any other type of perverse sexual act. Acts of cruelty, suffering from a venereal disease, or forcing the wife into prostitution are also grounds for divorce.
If a spouse is sentenced to imprisonment for seven years or more, this is a ground for divorce.
Desertion for two or more years is also a valid ground.
Finally, non-resumption of cohabitation after a court has passed an order of maintenance or a decree of judicial separation also constitutes a ground for divorce.
Key Differences and Important Considerations:
As this overview demonstrates, the grounds for divorce are not uniform across all personal laws in India.
Each Act has its own specific provisions, and it is crucial to consult the relevant Act based on the parties’ religious affiliation.
The burden of proof for establishing these grounds lies with the petitioner, the party initiating the divorce proceedings. Understanding the specific grounds for divorce under the applicable personal law is crucial before initiating divorce proceedings.