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Writer's pictureLead India
Dec 6, 20223 min read

What Are The Strong Grounds For Divorce?

India views marriage as a sacred union between two people, which is why there is a lengthy process involved in getting married, as well as strict religious laws and beliefs that must be observed. Because of how unique and important the union was, it was formerly thought that being married and keeping it for the rest of one's life was God's will. As civilization evolves, so do people's perspectives on the world. As a result, the idea of marriage changed from what it was initially supposed to be. Marriage is now more than ever seen as a social institution that upholds the custom of raising children.


Every year, on average, between 3000 and 5000 matrimonial cases are filed in each District/Family court, especially in urban areas. With this, one may evaluate how the idea of marriage has evolved over time. Looking at the situation, we can identify a few grounds why divorce cases are increasing in India.

Pursuant to the Hindu Marriage Act of 1955, grounds for divorce are:

  • Adultery: Adultery is the act of engaging in any type of sexual connection, including extramarital partnerships. Adultery is considered a criminal conduct, and strong evidence is needed to prove it. One act of adultery is all that the petitioner needs to do to be eligible for divorce, according to a 1976 legislative change.

  • Cruelty: When a spouse suffers any form of mental or physical harm that puts their life, limb, or health in danger, they have the right to apply for divorce. Instead of one act, the intangible cruelties inflicted by mental torture are evaluated based on a succession of occurrences. Cruelty includes things like depriving someone of food, abusing them continue to get dowry, engaging in perverted sexual behavior, etc.

  • Desertion: The abandoned spouse may apply for divorce on the grounds of desertion if the other spouse voluntarily deserts them for at least two years.

  • Conversion: The other spouse may file for divorce on this basis if one of the two decides to convert to a different religion.

  • Mental disorder: If the petitioner's spouse has an incurable mental illness or is insane, it can be argued that mental disorder is a reason for divorce because the couple cannot reasonably expect the person to remain in the relationship.

  • Renunciation: If one spouse joins a religious order and renounces all worldly affairs, the other spouse may file for divorce.

  • Venereal Disease: The other spouse has the right to petition for divorce if the other spouse has a serious, contagious illness. AIDS and other sexually transmitted diseases fall under the category of venereal infections.

  • Leprosy: If one spouse has a "virulent and incurable" form of leprosy, the other spouse may file a petition on their behalf.

  • Not Heard Alive: A person is assumed to be dead if they are not seen or heard by those who would normally be "naturally heard" of them for a continuous period of seven years. If one spouse wants to remarry, the other spouse should be compelled to petition for divorce.

  • No Resumption of Cohabitation: If the couple doesn't start living together again after the court has issued a decree of separation, it becomes grounds for divorce.

Following are the reasons for divorce in India for which only the woman may submit:

  • If the husband has engaged in bestiality, sodomy, or rape.

  • The first wife may file for divorce if the union was consummated prior to the passage of the Hindu Marriage Act and the husband afterwards wed a different lady while the first wife was still living.

  • If a girl marries before the age of fifteen and divorces her spouse before becoming eighteen, she is legally authorized to do so.

  • The wife may file for divorce if there has been no cohabitation for a year and the husband disregards the maintenance order granted to her by the court.

For divorce, it is important to appoint a lawyer. If the person lives in Ahmedabad then Divorce lawyer in Ahmedabad should be appointed. If the person lives in Mumbai then Divorce lawyers in Mumbai should be appointed. Likewise, Divorce lawyers Delhi should be appointed if the person lives in Delhi.


At Lead India, we offer a range of expertise and legal services and free legal advice online designed to resolve the issue. Ask a legal question online free and talk to a lawyer to get the best advice here. Our team of attorneys understands the ins and outs of the law, helping you make informed decisions about the grounds of divorce.


Call Us: +91-8800788535

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