Marriage is an essential institution of Human civilization. Spouses take vows during marriage to be there for each no matter what. However, every marriage does not have a happy ending, and sometimes they end up divorcing each other. In India, the Filing of Divorce between married partners is undertaken by their respective personal laws, depending on their religion or The Special Marriage Act 1954. Divorce means ‘Dissolution of Marriage.’ 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. Some of the primary grounds for Divorce that come under the Hindu Marriage act 1955 are:
consensual intercourse between husband or wife with another person of the opposite sex. Adultery comes under Hindu Marriage Act by the marriage law amendment act, 1976.
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.
means the permanent abandonment of one partner by the other without any valid justification or consent.
If one of the partners converts their religion to another without the other partner’s consent, the other partner can approach the court and seek Divorce.
means the state of being seriously mentally ill. Insanity as a Ground of Divorce is invoked when the respondent has been untreatable of unsound mind.
Presumption of Death
If a partner’s whereabouts are not known for seven consecutive years, it is presumed that they are dead, and Divorce can be sought.
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 has been caught 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 .
Though marriage is considered 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.