Grounds for Divorce in India
Grounds for Divorce in India
In India, divorce laws vary according to religion and personal laws. However, broadly, the grounds for divorce cover fault-based and no-fault grounds. The main statutes dealing with divorce include:
Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains, Sikhs)
Special Marriage Act, 1954 (for all citizens opting for a civil marriage)
Indian Divorce Act, 1869/1939 (for Christians)
Dissolution of Muslim Marriages Act, 1939 (for Muslim women, but Muslims primarily follow Sharia)
1. Grounds for Divorce under Hindu Marriage Act, 1955
Section 13 of the Hindu Marriage Act specifies the grounds on which either party can file for divorce:
Fault-based Grounds:
Adultery (Section 13(1)(i)): Voluntary sexual intercourse by one spouse with someone other than the other spouse.
Cruelty (Section 13(1)(ia)): Physical or mental harm making it unsafe or unbearable for the other spouse to continue the marriage.
Desertion (Section 13(1)(ib)): One spouse has deserted the other for a continuous period of not less than two years.
Conversion (Section 13(1)(ic)): Conversion to another religion.
Mental Disorder (Section 13(1)(id)): Suffering from incurable mental disorder making normal life impossible.
Communicable Disease (Section 13(1)(ie)): Suffering from a virulent and incurable form of leprosy.
Renunciation of the World (Section 13(1)(if)): If one spouse renounces the world by entering any religious order.
Presumption of Death (Section 13(1)(iv)): If one spouse has not been heard of as alive for 7 years or more.
No-fault Ground:
Mutual Consent (Section 13B): Both parties agree to live separately for at least one year and mutually consent to divorce.
2. Grounds under Special Marriage Act, 1954
Similar to the Hindu Marriage Act, grounds include adultery, cruelty, desertion for two years, mental disorder, conversion, venereal disease, renunciation of the world, and mutual consent.
3. Grounds under Indian Divorce Act, 1869 (Amended 2001 for Christians)
Adultery
Cruelty
Desertion for two years
Conversion to another religion
Unsound mind or mental disorder
Venereal disease
Mutual Consent
4. Grounds for Muslim Divorce
Muslim personal law is governed mainly by the Sharia, but there is the Dissolution of Muslim Marriages Act, 1939 which gives Muslim women grounds like:
Husband’s disappearance for 4 years
Failure to provide maintenance for 2 years
Husband’s imprisonment for 7 years or more
Husband’s impotence
Cruelty
Muslim men can divorce by pronouncing talaq (triple talaq abolished in 2019) or through judicial process.
Important Case Laws Related to Grounds for Divorce
Adultery
Sarla Mudgal v. Union of India (1995) 3 SCC 635: Adultery is a ground for divorce under Hindu law and is a criminal offence under Indian Penal Code (Section 497, now struck down by Supreme Court in 2018).
Joseph Shine v. Union of India (2018): Supreme Court decriminalized adultery, but it remains a ground for divorce.
Cruelty
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558: The Supreme Court clarified that cruelty includes physical and mental cruelty, and every case should be judged on facts.
Harsha Rajiv Reddy v. Gowri Harsha (2016) 1 SCC 531: Mental cruelty can be inferred from conduct even if there is no physical violence.
Desertion
Girish Kumar v. State of Rajasthan (1989) AIR SC 1687: Desertion requires intention to desert and physical separation for a continuous period of two years.
Daya Bai v. Union of India (1983) 2 SCC 348: Desertion must be voluntary and without reasonable cause.
Mutual Consent Divorce
Smt. Shilpi Gupta v. Union of India (2022) SCC Online SC 866: Supreme Court reduced the mandatory period of separation from 1 year to 6 months for mutual consent divorce under exceptional circumstances.
Summary Table of Grounds for Divorce
| Ground | Description | Applicable Law(s) |
|---|---|---|
| Adultery | Sexual relationship outside marriage | Hindu, Christian, Special Marriage |
| Cruelty | Physical or mental harm | All personal laws |
| Desertion | Leaving spouse for 2 years without consent | Hindu, Christian, Special Marriage |
| Conversion | Change of religion | Hindu, Christian, Special Marriage |
| Mental Disorder | Insanity or incurable mental illness | Hindu, Christian, Special Marriage |
| Venereal Disease | Incurable communicable disease | Hindu, Christian, Special Marriage |
| Renunciation | Entering religious order | Hindu, Special Marriage |
| Mutual Consent | Both parties agree to divorce after separation | Hindu, Christian, Special Marriage |
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