Grounds For Divorce in India

There are grounds for divorce in India that one can act on if they have been experiencing them. While the process of divorce can be long and hard, sometimes there just isn’t any other option for the parties involved. If you are considering getting a divorce in India, then you should take a look at some of the most common grounds for divorce that occur and consider your options.

1 – Adultery

The demonstration of participating in any form of sexual relationship or activity including intercourse outside of marriage is known as adultery. Adultery, also known as infidelity, is considered a criminal offense and substantial proof is needed to confirm its existence. An amendment to the law in 1976 states that one sole demonstration of infidelity is sufficient for the other spouse to get a separation or divorce.

2 – Cruelty

A life partner or spouse can motion to file a divorce when they are subjected to any form of mental and physical harm that causes a threat to their life, health, or body. The acts and demonstrations of abuse through mental torment are not judged upon one single act but rather a series of occurrences. Certain occasions like sustenance being denied, on-going abuse, poor treatment to acquire dowry, and perverse sexual acts are included and defined under cruelty.

3 – Desertion

If one of the spouses in a relationship decides to voluntarily abandon their partner for the period of at least two years, the person who was abandoned has the right to file for divorce.

4 – Conversion

If in the event that a spouse converts to another religion, the other spouse can file for divorce based on this.

5 – Mental Disorder

A mental disorder can be taken into account when filing for a divorce in India. If one of the spouses in a marriage has an incurable mental disorder, then the other spouse is permitted to seek a separation.

6 – Leprosy

If there should arise an occurrence of leprosy in a spouse, a request can be made by the other party to disband a marriage.

7 – Venereal Disease

If one of the partners is experiencing a genuine illness that is effectively transmittable, a separation can be recorded by the other life partner. Sexually transmitted infections like AIDS are considered to be venereal diseases.

8 – Renunciation

A companion is qualified to file a separation providing if their partner embraces another religious order and renounces all worldly affairs under the grounds of renunciation.

9 – Not Heard Alive

If a person has not been seen or heard alive by the individuals who are considered to be ‘naturally heard’ of the individual for an on-going time of seven years, the individual can, therefore, be presumed to be dead. The other party can file a divorce if they are interested in getting remarried based on the other party not being heard alive.

10 – No Resumption of Co-residence

If a couple fails to resume co-habitation after a court has passed a decree of separation, then this can be considered as grounds for divorce.