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Grounds for Divorce in India

GROUNDS FOR DIVORCE FOR BOTH IN INDIA:

  1. Adultery – voluntary sexual intercourse with any person other than spouse. Does not include rape. One single act of adultery is enough for divorce or judicial separation.
  2. Cruelty – concept of cruelty includes conduct or such character as to have caused danger to life, limb or health, bodily or mentally or as to have risen to reasonable apprehension of such danger. Mental cruelty is more severe than physical cruelty. Scolding or nagging has also been considered as cruelty. Also, when a husband tried to strangulate wifes brother and his younger son in a fit of insanity he was held to be cruel. Thus, temporary insanity or schizophrenia cannot be an argument against the claim of cruelty.
  3.  Desertion – when a spouse permenanty abandons the other without any reasonable cause and without the consent of the other for a period of not less than 2 years.
  4. Conversion – when a party has ceased to be a hindu by conversion to another religion.
  5. Insanity
  6. Leprosy
  7. Veneral disease
  8. Renunciation – when a party has renounced the world by entering into any religious order.
  9. Civil/social death – that the other party has not been heard of as being alive for a period of seven years or more, by the people who would naturally have heard of the party, had that party been alive.

GROUNDS OF DIVORCE FOR WIFE IN INDIA:

  1. Bigamy
  2. Rape, sodomy or bestiality
  3. Repudiation of marriage – in the case of child marriages.