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

Submitted by asandil on 3/27/2014

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.

The Hindu Marriage Act 1955 states the following grounds for divorce:

Adultery

The act of involving in any kind of sexual activity including intercourse outside the metrics of marriage is called adultery. Adultery is considered as a pure criminal offense if it is proved to be correct on the basis of evidences in the court of law. An amendment made in the year 1976 says that even a one-time sexual involvement outside marriage is sufficient for seeking divorce.

Mental Disorder

Mental issue can also turn into a ground for documenting a separation if the companion of the candidate experiences serious mental issue and craziness and subsequently can’t be required from the couple to stay together.

Cruelty

A companion can record a separation petition when he/she is subjected to any sort of mental and physical damage that causes threat to life, appendage and health. The immaterial demonstrations of mercilessness through mental torture are not judged upon one single gesture. Certain occasions like the nourishment being denied, nonstop sickness medicines and ill-uses to gain share, unreasonable sexual act and so on are incorporated under cruelty.

Desertion

If one of the life partners voluntarily forsakes his/her accomplice for two years, the relinquished mate can document a separation case on the ground of abandonment.

Conversion

In case either of the two thinks of into an alternate religion, the other life partner may record a separation case dependent upon this ground.

Leprosy

If there should arise an occurrence of a ‘harmful and hopeless’ manifestation of non-cleanliness- that’s Leprosy- an appeal might be recorded by the other companion dependent upon this ground.

Venereal Disease

If one of the mates is experiencing a genuine ailment that is effectively transmittable, a separation could be documented by the other life partner. The sexually transmitted maladies like AIDS are accounted to be venereal illnesses.

Renunciation

A companion is qualified to document for a separation if alternate disavows all common undertakings by grasping a religious request.

Not Heard Alive

If an individual is not seen or heard alive for a constant time of seven years, the individual is legally considered to be dead. The other life partner ought to need to document a separation if he/she is intrigued by remarriage.