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.
