What is meant by the Grounds for Divorce?

In case of a contested divorce, either of the parties involved can file for divorce, but only on certain specific grounds for divorce. While filing the petition for divorce, the petitioner has to  read this article state the reason behind the decision. There are various grounds declared by the law which can be indicated as a ground for divorce which differs in the case of Hindus, Christians, Muslims, and Parsis.

Adultery – Any kind of sexual relationship including intercourse outside marriage is termed adultery. Adultery was considered a crime earlier under the Indian Penal Code, however, the Supreme Court has decriminalized adultery in a recent judgment while subsisting it as a ground for divorce. One single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health. There should be a series of incidents of cruelty. Certain instances like the food being denied, continuous ill-treatment and abuses to acquire dowry, perverse sexual acts, and such are included under cruelty.

Desertion – Where one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Where either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from an incurable mental disorder or insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In the case of a ‘virulent (severe and harmful) and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – If the couple fails to resume their co-habitation after the court has passed a decree of separation.