What are the grounds for divorce under the Indian Divorce Act?

Answer By law4u team

The Indian Divorce Act, 1869, primarily governs divorce among Christians in India. It outlines specific grounds on which a petition for divorce can be filed. These grounds are applicable to both men and women, though there are some differences in the grounds available to each spouse. Here are the primary grounds for divorce under the Indian Divorce Act: Grounds for Divorce: Adultery: If one spouse has committed adultery, the other spouse can file for divorce. Adultery refers to voluntary sexual intercourse between a married person and someone other than their spouse. Conversion to Another Religion: If one spouse converts to another religion and ceases to be a Christian, the other spouse can seek a divorce. Cruelty: If one spouse treats the other with such cruelty that it causes reasonable apprehension of harm or injury, it is a ground for divorce. Cruelty can be physical or mental. Desertion: If one spouse deserts the other for a continuous period of at least two years without any reasonable cause, the deserted spouse can file for divorce. Desertion means the abandonment of one spouse by the other without consent and without reasonable cause. Incurable Insanity or Mental Disorder: If one spouse is suffering from an incurable mental disorder or insanity, the other spouse can seek a divorce. The mental disorder must be of such a nature that the petitioner cannot reasonably be expected to live with the respondent. Leprosy: If one spouse is suffering from a virulent and incurable form of leprosy, the other spouse can seek a divorce. Venereal Disease: If one spouse is suffering from a communicable venereal disease in a communicable form, it is a ground for divorce. Presumption of Death: If one spouse has not been heard of as being alive for a continuous period of seven years or more, the other spouse can seek a divorce on the ground that the spouse is presumed dead. Failure to Comply with a Restitution of Conjugal Rights Decree: If one spouse has obtained a decree for restitution of conjugal rights, and the other spouse has willfully failed to comply with it for at least two years, this can be a ground for divorce. Other Grounds: In addition to these grounds, the Act also allows for divorce on the basis of mutual consent, provided that both parties agree to the divorce and have been living separately for at least one year. Note: Divorce under the Indian Divorce Act is a complex legal process, and the petitioner must provide evidence to support the grounds on which the divorce is sought. The Act has undergone amendments to make the divorce process more accessible and to ensure that it is in line with contemporary social norms. This Act specifically applies to Christians in India, and the grounds mentioned above may differ from those under other personal laws, such as Hindu, Muslim, or Parsi personal laws.

Answer By Aadrijaa Sonik

Under the Indian Divorce Act, 1869, which primarily governs divorce for Christians in India, several grounds for divorce are specified. Here are the key grounds for divorce: 1. **Adultery**: If one spouse has engaged in voluntary sexual intercourse with someone who is not their spouse, the other spouse can file for divorce on the grounds of adultery. 2. **Cruelty**: A spouse can seek a divorce if the other spouse has treated them with cruelty. This includes physical, emotional, or psychological abuse that makes cohabitation unsafe or unbearable. 3. **Desertion**: If a spouse has deserted the other for a continuous period of two years or more without reasonable cause, the deserted spouse can file for divorce. 4. **Conversion**: If one spouse converts to another religion and thereby changes their faith, the other spouse can seek a divorce. 5. **Mental Disorder**: If one spouse suffers from a permanent mental disorder that renders them unfit for marital life, the other spouse can file for divorce. 6. **Incurable Disease**: If one spouse suffers from an incurable disease, such as a communicable disease, the other spouse can file for divorce. 7. **Non-Consummation of Marriage**: An individual can seek a divorce if the marriage has not been consummated due to the incapacity of the other spouse or willful refusal. 8. **Separation**: If the spouses have been living separately for a period of two years or more, either party may file for divorce. ### Additional Provisions - **Grounds applicable to wives**: Under Section 10 of the Act, a wife can also file for divorce if her husband is guilty of bigamy or has been convicted of a criminal offense that leads to imprisonment. - **Special provisions for Judicial Separation**: The Act also provides for judicial separation, which allows spouses to live apart but does not dissolve the marriage. It’s important to note that these grounds are applicable specifically to the Christian community in India. Other communities, such as Hindus, Muslims, and others, are governed by their respective personal laws for divorce, which outline different grounds and procedures.