Dated: 2024-03-16 22:35:39
I would like to know the various grounds on which I can seek divorce and see which fits my caseThe Hindu marriage act provides various ways in which a divorce decree can be obtained. It can be specifically categorised into two categories, namely, i) Divorce by Mutual Consent; and; ii) Divorce without Mutual Consent.
Grounds for Divorce
The below mentioned grounds are applicable to both the husband and wife equally.
There are some additional grounds which can only be used by the wife. They are as follows,
Adultery as a ground for Divorce
A single act of sexual intercourse by any one of the spouses with any person other than their spouse amounts to adultery which is a ground for obtaining a divorce under Sec 13 (1) of the Hindu Marriage Act, 1955. To claim divorce on this ground the mutual consent of the other party is not required.
Cruelty
The Hindu Marriage act specifically categorises cruelty in two categories, namely, Mental cruelty and Physical Cruelty. In old times mental cruelty was not a part of cruelty and hence not a ground for divorce. Now it is accepted that, mental cruelty is more harmful than the physical one, and it can cause a mental injury in the grievous person and create a reasonable apprehension in the mind of other spouse that it will be unsafe or harmful to live with the other. Mental cruelty is determined substantially, i.e. through facts of the respective case.
Desertion
Under Sec 13 (1) (ib) of the Hindu Marriage Act, when one of the spouse has deserted the other for a period exceeding two years, a divorce decree can be granted on the same. Desertion in simple language means abandoning the spouse without reasonable justification, without the consent or against the will of the other party and renouncing the duties and obligations. It is to be noted that, the person applying for divorce on the grounds of desertion has to prove that the other party had deserted him/her for a period of two years or more.
Conversion of religion
When Hindu ceases to be Hindu, the person who has changed the religion for availing some benefit granted by other religion, then the conversion can act as a ground for divorce.
Spouse is suffering from virulent disease or incurable form of leprosy
Leprosy is an infectious disease, chronic, contagious, resulting in disfigurement, one of the causes of permanent disability in the world and is primarily a disease of the poor. When the spouse is suffering from a highly contagious disease such that it is impossible to cohabitate with the other, then this ground is valid to obtain a decree for divorce.
Renunciation by entering any religious order
A person is said to renounce the world when, he has withdrawn from the society and does not take interest in any worldly affairs or retires to a single room, withdraws from co-habitation, or becomes a spiritual leader or any kind thereof. Renunciation is a ground for divorce as per section 13 (1) (vi) and this act can also constitute to cruelty or desertion providing an additional ground along with.
Judicial Separation for a period of one year or more
After the court has granted judicial separation to the parties in regard to the petition presented earlier, the parties after one year can present the petition of divorce. There must be no cohabitation between the parties and the time elapsed should be more than one year. The court in this case will require no proof of divorce.
Restitution of Conjugal Rights
Conjugal right means the right to stay together; also defined as, the sexual rights or privileges implied by and involved in the marriage relationship. When the court passes an order for restitution of conjugal rights, the person who has deserted the other has to resume the cohabitation with the other.
This remedy can be claimed by the applicant when the other spouse has withdrawn from the society of the applicant which is not justified by a reasonable excuse. In such case, the court orders a decree for restitution of Conjugal Rights, and in case this order is not followed i.e. the cohabitation is not resumed for a period of one year or more, then this violation can act as a ground for obtaining a divorce.
Krishnaveni Advocate