The grounds of divorce are a subject that every person should know. It is not to get a divorce but to know if there is exploitation in your life. Moreover, you will have legal solutions for this. Marriage is an essential institution of human civilization. Spouses take vows during marriage to be there for each other, no matter what. However, every marriage does not have a happy ending, and sometimes they end up divorcing each other. In India, their respective personal laws undertook the Filing of Divorce between married partners, depending on their religion, or The Special Marriage Act of 1954. Divorce means ‘Dissolution of Marriage.’
Understanding the Grounds of Divorce in India better
The object of the inclusion of ‘Divorce’ is that people should live peacefully, either together or separately, when their coexistence becomes hostile to each other.
Main Grounds of Divorce that you can check out
Some of the primary grounds for divorce that come under the Hindu Marriage Act 1955 are:
Adultery
Does your partner have a sexual interest with someone? Then that is cheating on you! So that is exactly when adultery happens. Consensual intercourse between husband or wife with another person of the opposite sex. Adultery comes under the Hindu Marriage Act by the Marriage Law Amendment Act, 1976.
Cruelty
Any harm that a partner causes to you during marriage, is considered cruel. When a partner is subjected to physical or mental injury, that causes danger to health and life. Certain situations like denial of food, perverse sexual acts, abuses, etc., come under cruelty.
Are you aware of Relationship Bullying? It can be part of cruelty reasons and help you gain a divorce from an abusive partner.
Desertion can fall under grounds of divorce
This means the permanent abandonment of one partner by the other without any valid justification or consent.
Conversion
If one partner converts their religion to another without the other partner’s consent, the other partner can approach the court and seek divorce.
Insanity
This phenomenon means the state of being seriously mentally ill. Insanity as a Ground of Divorce is invoked when the respondent has been untreatable of an unsound mind.
The presumption of Death is one of the grounds of divorce
If a partner’s whereabouts are unavailable for seven consecutive years, then presume that they are dead. This is when you are eligible to ask for a divorce.
Other Grounds for Divorce in India for Women (Hindu Marriage Act, 1955)
According to the Hindu Marriage Act, women can seek divorce on various other grounds, including
- If the husband involves in rape or sodomy.
- If the husband marries another woman despite the first wife being alive, the first wife can seek a divorce.
- Child marriage or forced marriage is a ground for divorce for women.
- If the wife and husband live separately for more than one year and the husband neglects the judgment of maintenance awarded to the wife by the court.
There is more to this and you should divorce rules in India to understand this same thing from a different perspective.
Though marriage is sacred, it’s always better to seek divorce if you find it difficult to survive in the union. However, it is crucial to learn about the grounds of divorce and family law before going for a divorce petition.
