Indian courts have proclaimed personal laws that are based on different religions because of their secular approach.
- Grounds for Divorce in the Hindu Marriage Act, 1955
Here are the reasons for divorce in India that the Hindu Marriage Act 1955 mentions.
Cruelty – A spouse may file a divorce case from bestdivorcelawyersdelhi.com if they are subjected to any form of mental or physical injury that is dangerous to their health, life, or limb.
Venereal disease – The other spouse can file for divorce if the spouse is suffering from an easily transmissible condition.
Conversion – If either spouse converts into another religion, then the other spouse may file for divorce.
Desertion: If one of the spouses abandons his/her partner, for at least two years, then the abandoned spouse may file a divorce case on grounds of desertion. If one spouse renounces all otherworldly affairs, and if they are embracing a religious organization, then they can file for divorce. If the spouse is suffering from an incurable mental disorder, or insanity, it can lead to a divorce.
Not Heard Alive – If a person is not heard from or seen by people who expect to hear of him/her for at least seven years, then the person is presumed dead.
Here are the reasons for divorce in India. Only the spouse can file a petition
1) If the husband has sex with a woman, bestiality or sodomy.
2) If the marriage was solemnized in accordance with the Hindu Marriage Act and the husband marries another woman, the first spouse may seek a divorce.
3) A girl may file for divorce if she was fifteen or older and has renounced the marriage before turning eighteen.
- Grounds for Divorce in the Dissolution of Muslims Marriage Act, 1939
According to the 1939 Dissolution of Muslim Marriage Act (DMMA), a Muslim woman may seek divorce in India on the following grounds:
1) For a period of four years, the husband’s whereabouts have been unknown.
2) The husband has failed to support his wife for at most two years.
3) The husband has been in prison for seven or more consecutive years.
4) The husband cannot meet marital obligations.
- Grounds for Divorce in India under the Indian Divorce Act (1869)
Here are the reasons for divorcing as per the Indian Divorce Act 1869.
1) Adultery
2) Conversion from one religion to another
3) A couple who has suffered from unsound mental and/or communicable diseases for at least two years before the filing of the divorcement.
4) No contact with the deceased for seven years or more.
5) Failure to comply with the restitution for conjugal rights within a minimum of two years.
- Grounds for Divorce in the Parsi Marriage and Divorce Act of 1936 (Amendment 1989)
Here are the Indian grounds for divorce as set forth in the Parsi Marriage and Divorce Act 1936 and its amended 1988.
1) A continuous absence of seven consecutive years.
2) The non-consummation or partial consummation of marriage within a year.
3) Unsound Mind – If the spouse is not aware, the divorce must be filed within three months of the date of separation.
4) Pregnancy with another man, provided the husband wasn’t aware of the incident during marriage and that the husband has not had any sexual relations after learning of it.
5) Adultery and bigamy.
6) Act of cruelty
7) Substance abuse or forced prostitution by the husband.
8) Sentenced for at least seven years in prison
9) Desertion of two or more years.
