CONDITIONS FOR DIVORCE IN INDIA

Divorce or Dissolution of Marriage is the termination of a martial union, the canceling and/or recognizing of the legal duties and responsibilities of marriage. Thus, it means dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and or state. Divorce is a process through which marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife. Although traditionally divorce was neither easily allowed nor commonly practiced, with the passage of the Hindu Marriage Acts, legal provisions have been made for either judicial separation or divorce. A number of Acts have been passed in recent years which permit judicial separation and divorce. Whether you want to file a mutual divorce petition, maintenance case, domestic violence case, divorce petition and any other proceedings related to matrimonial laws our divorce lawyers will take care of it all.

According to Section 10 of the Indian Divorce Act, 1869 after the solemnization of marriage, the District Court can, based on the petition filed by either the husband or wife, can dissolve the marriage on the ground that the respondent .

* Has committed adultery.

* Has converted his religion and is no longer a Christian.

* Has been of unsound mind for two years continuously before the filing of the petition.

* Has been diagnosed with leprosy for a period of at least two years before the filing of the petition. Though this clause has now been omitted by the Personal Laws (Amendment) Act, 2019.

* Has been suffering from some venereal communicable disease for not less than two years.

* Has not been heard of for the past seven years from the persons who would have heard of the respondent if he had been alive.

* Has refused to consummate the marriage.

* Has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent.

* Has deserted the petitioner for at least two years immediately preceding the presentation of petition.

* Has treated the petitioner with such cruelty that it created a reasonable apprehension in the mind of the petitioner that it would be harmful for the petitioner to live with the respondent.

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What are the grounds for Divorce in India ?

Section 13 of the Hindu Marriage Act, 1955 expounds grounds on which contested divorce can be obtained.

* Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery. Adultery is counted as a criminal offense and substantial proof are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. It is a criminal offense where either of the spouses is involved in sexual relations with someone out of the marriage.

Before 2018, Adultery was crime under section 497 of IPC, but it was decriminalized in the case of Joseph e shine versus Union of India, the main motive behind this is to protect the faith between the husband and wife so that the relationship could be built on trust. Now, adultery is a ground of divorce but not a criminal offence.

* Cruelty- It is defined as a willful act that can cause danger to body, limb, life or to mental health. It can include causing pain, abusing, torturing mentally or physically.

In the case of Dastane versus Datane, Supreme Court said that while determining that the cruelty is done or not, it is enough that a reasonable apprehension has been made in the mind of petitioner that living with such person is harmful or is injurious to life.

* Desertion- When a spouse willfully abandons another without any intention of coming back, it is known as Desertion. Desertion for more than two years could be a valid ground for divorce.In the Case of Arup Harza versus Manish Harza, the wife left her matrimonial house and alleged for demand of dowry on the husband later on it was established through evidence that there was no such demand of dowry. She left matrimonial home without any reasonable reason and alleged for dowry to get back her articles. Her intention to bring the Union to end was found and thereby, husband was entitled for a decree of divorce on the ground of desertion.

* Religion Conversion- In a Hindu marriage, if either of the spouses ceases to be a Hindu then it can be considered as a ground for divorce.

* Mental Disorder- Mental disorder includes unsoundness of mind, mental illness, or such mental disorder which makes the person abnormally aggressive.

In the Case of B.N. Panduranga Shet versus S.N. Vijaylakshmi, it was stated that the degree of mental disorder must be of such intense that would be painful to continue their marriage.

* Communicable Diseases and Leprosy- Leprosy is a contagious and chronic disease that causes lesions on skins and nerve damage.

* Spouse not heard of- If either of a spouse is not heard of for more than seven years, then it can be considered as a ground for divorce.

* Renunciation of the world- Under the Hindu Law, the “Renunciation of the world” is a ground for divorce, if either of the spouses has renounced the world and has entered a holy order.

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The following are the grounds for divorce in India on which a petition can be filed only by the wife:

1) If the husband has indulged in rape, bestiality and sodomy.

2) If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

3) A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

4) If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

What are the grounds and procedures for a divorce under the Muslim Law in India?

1) Judicial Process - by The Dissolution of Muslim Marriages Act, 1939- Section 2 of the said Act specifies the following grounds on which the Muslim women can seek a divorce in India:

* The whereabouts of the husband have not been known for at least four years

* The husband failed to provide maintenance for at least two years

* The husband has been sentenced to imprisonment for at least seven years

*The husband failed to comply with his marital obligations for at least three years without any reasonable cause.

* The husband was impotent at the time of marriage or suffering venereal diseases or have been of unsound mind for at least two years

* The husband treated his wife with cruelty or was married before the age of fifteen.

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