Indian judicial system is equipped with secular mind-set, and keeping in view the same into consideration, it has initiated proclamation of so many personal laws that are based on different religious beliefs. As far as the grounds for divorce in India is concerned, people belonging to different religions are governed under separate Acts when it comes to filing a petition for divorce in India.

Section 13 of the Hindu Marriage Act, 1955 sets out the following grounds for divorce:

Adultery

Adultery is voluntary sexual intercourse by a married person with someone other than his or her spouse. It is a ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955. It is important to note that adultery is no longer a criminal offence: in Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 of the Indian Penal Code, and adultery has not been re-enacted as an offence under the Bharatiya Nyaya Sanhita, 2023 either. Adultery therefore survives only as a civil ground for divorce, not as a crime. Since the 1976 amendment, even a single act of voluntary sexual intercourse outside the marriage is sufficient to seek divorce on this ground.

Mental Disorder

Mental disorder can also be a ground for divorce under Section 13(1)(iii) of the Act. A petition may be filed where the other spouse has been incurably of unsound mind, or has been suffering from a mental disorder of such a kind and extent that the petitioner cannot reasonably be expected to live with that spouse.

Cruelty

A spouse may file a divorce petition on the ground of cruelty under Section 13(1)(ia) of the Act when he or she is subjected to mental or physical harm that endangers life, limb or health. Mental cruelty is assessed from the overall conduct rather than from a single incident. Acts such as being denied food, harassment over dowry demands, and unreasonable sexual conduct may all amount to cruelty.

Desertion

If one spouse voluntarily abandons the other for a continuous period of at least two years immediately before the petition is presented, the deserted spouse may file for divorce on the ground of desertion under Section 13(1)(ib) of the Act.

Conversion

If either spouse ceases to be a Hindu by converting to another religion, the other spouse may file for divorce on this ground under Section 13(1)(ii) of the Act.

Venereal Disease

If one spouse is suffering from a venereal disease in a communicable form, the other spouse may file for divorce on this ground under Section 13(1)(v) of the Act.

Renunciation

A spouse is entitled to file for divorce under Section 13(1)(vi) of the Act if the other spouse has renounced the world by entering a religious order.

Presumption of Death

If a person has not been heard of as being alive for a continuous period of seven years by those who would naturally have heard of them, that person is presumed in law to be dead. The other spouse may then file for divorce on this ground under Section 13(1)(vii) of the Act, for instance where he or she wishes to remarry.

Some notable grounds for Divorce under the Hindu Marriage Act, 1955