Grounds for Divorce

1. Grounds for Divorce under the Hindu Marriage Act, 1955

Under Section 13 of the Hindu Marriage Act, the grounds for divorce include:

Adultery: When a spouse has engaged in a sexual relationship outside the marriage.

Cruelty: Physical or mental cruelty inflicted by one spouse on the other.

Desertion: Willful abandonment for a continuous period of at least two years.

Conversion: If one spouse converts to another religion.

Mental Disorder: Severe mental illness that makes it difficult to live with the spouse.

Leprosy: If a spouse has been suffering from a severe form of leprosy.

Venereal Disease: Contagious diseases like sexually transmitted infections (STIs).

Renunciation: Renunciation of the world by entering a religious order.

Presumption of Death: If a spouse has not been heard from for seven years.

In addition, there are specific grounds for women, such as if the husband has married again or is guilty of rape, sodomy, or bestiality.

2. Grounds for Divorce under the Dissolution of Muslim Marriage Act, 1939

Under this Act, a Muslim woman can seek divorce based on:

Desertion: Husband has deserted her for at least four years.

Failure to Provide Maintenance: Husband has failed to maintain her for two years.

Husband’s Imprisonment: Husband has been sentenced to imprisonment for seven years or more.

Failure to Perform Marital Obligations: Husband has failed to fulfill his marital obligations for three years.

Impotency: Husband was impotent at the time of marriage and remains so.

Mental Disorder or Leprosy: Husband is insane, has leprosy, or a venereal disease.

Cruelty: Husband treats her with cruelty, including physical or verbal abuse or forced engagement in immoral acts.

A woman can also seek divorce if the marriage was conducted before she turned 15, provided she renounces it before turning 18.

3. Grounds for Divorce under the Indian Divorce Act, 1869

This Act governs divorce for Christians in India, with grounds including:

Adultery: Engaging in extramarital relationships.

Conversion: When one spouse converts to a different religion.

Cruelty: Mental or physical cruelty inflicted by one spouse.

Desertion: Abandonment for at least two years.

Insanity: Severe mental illness that affects marital life.

Leprosy or Venereal Disease: When a spouse suffers from an incurable contagious disease.

Imprisonment: If one spouse has been imprisoned for at least seven years.

For women, adultery by the husband combined with other forms of mistreatment, such as cruelty or desertion, is also a ground for divorce.

4. Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (Amendment 1988)

Grounds for divorce under this Act include:

Adultery: Spouse is involved in extramarital affairs.

Cruelty: Treatment that makes it unsafe or improper to continue the marriage.

Desertion: Abandonment for at least two years.

Insanity or Mental Illness: Severe mental disorder.

Leprosy or Venereal Disease: Incapable of being cured and contagious.

Failure to Perform Marital Obligations: Willful neglect of marital duties for two years.

Imprisonment: Imprisonment of seven years or more.

Absence: If the spouse has not been heard from for over seven years.