Getting a Divorce is a not an easy process. Apart from being financially burdensome, the entire process of dealing with your soon-to-be former spouse and their family can drain you out mentally as well.
The rate of divorce in India is 13 cases of divorce per 1000 marriages, which is extremely low when compared to countries like the US where it is 500 cases of divorce per 1000 marriages.
Despite this low rate, cases of divorce are becoming increasingly common in India. It has increased nearly 4 times during the last four years. However, the sad and unfortunate reality is that in most places in India it is still considered somewhat of a disgrace to openly talk about it.
If you are not happy in your marriage and considering divorce; but are not sure enough to talk to someone about it, read on to ascertain the grounds on which you can file for it.
The Hindu Marriage Act states the following grounds on which you can seek divorce from your spouse.
Adultery: If your marriage has been solemnized i.e. performed with formal and ceremonial rituals, and after solemnizations your spouse has engaged in voluntary sexual intercourse with someone other than you, it is known as adultery and it is a valid ground to seek divorce.
E.g. your marriage ceremony takes place on 21.11.2015. On 30.11.2016, your husband/wife engages in sexual intercourse with your friend. This is adultery.
Cruelty: This is a very commonly used ground to seek divorce. The underlying premise is that your spouse has treated you with cruelty. Cruelty can be both physical as well as mental.
What is worth understanding here is what constitutes cruelty. Some instances are given below.
- Occasional verbal spats are part of every marriage. In a fit of anger, both spouses say some hurtful things to each other and in majority of cases; it does not amount to cruelty.
However, if your spouse is continuously abusive towards you, it might be a case of mental cruelty.
- Cases of physical abuse are covered underas cruelty.
- It might come as a surprise, but denying sexual intercourse is covered under cruelty. The Supreme Court in a recent judgment has held that denying sexual intercourse to your spouse over a prolonged period of time without sufficient reason is mental cruelty.
- Abusing your spouse with sexual slurs without justification has been ruled by the court as mental cruelty and a valid ground for divorce. The reason given was that such unfounded allegations on the spouse’s character leave an indelible mark on his/her mind, making it difficult to continue marital ties.
Desertion: According to law, if your spouse has deserted you for a continuous period of at least two years immediately before presenting the divorce petition, it will be considered a valid ground for divorce.
For the purpose of divorce, desertion means withdrawing from all matrimonial obligations without a just cause.
It is pertinent to mention that merely living does not amount to desertion. If a spouse has completely given up his/her marital duties and responsibilities towards the other person, then only such behavior can be termed as desertion.
It is also important to note that desertion is not a single act, but a continuous course of conduct.
If your spouse has not been heard as being alive for more than 7 years, it constitutes desertion too.
Conversion: If after marriage, your spouse has converted to another religion, you can legally state this reason as the ground for seeking divorce.
Unsound Mind:The expression ‘unsound mind’ means that because of the infirmity of his/her mind, the person is incapable of managing himself and his affairs.
The law states that if your spouse is of an unsound mind, and his/her condition is not curable, you can apply for divorce.
Mental Disorders: If your spouse suffers from such a mental disorder that it is not reasonably possible to live with him/her, you can seek divorce.
Some explanations and inclusions are as follows:
- The term mental disorder has been defined as a mental illness, psychopathic disorder, arrested/incomplete development of mind, psychopathic disorder and any other disorder of mind.
- Mental disorder includes Schizophrenia.
- Psychopathic disorder means that the person suffering from it engages in abnormally aggressive or socially irresponsible behavior. To seek divorce on this ground, it is not relevant that the psychopathic disorder is treatable by medicine or not.
Some other Instances to be considered:
- An incurable and virulent form of leprosy is a ground for divorce.
- If your spouse is suffering from a communicable form of sexually transmitted disease, it is a ground for divorce.
- If your spouse has joined any religious group and completely renounced the world, it is a ground for divorce.
Grounds for Divorce for Wife: The grounds mentioned above can be relied upon by both husband and wife. However, there are some grounds for divorce that can be taken by the wife only and not the husband. These are:
- If the husband has engaged in sodomy or bestiality.
- If the wife was married off before the age of 15 and she has repudiated the marriage after the age of 15, but before attaining the age of 18.
- If the husband has another living wife at the time of presentation of petition for divorce.
Please note that divorce takes place between two human beings and because of the complex nature of interpersonal relationships, there is no strait jacket formula that applies to all cases. You can apply for divorce based on any of the above grounds, but whether it’ll be granted or not depends on the facts and circumstances of each case and also on the evidence provided for the grounds taken for divorce.
Author: This blog is written by Ms. Pragya Chaturvedi, a passionate blogger & intern at Aapka Consultant.
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