Grounds for Divorce in India

The Indian Judicial system has a secular mind set. There are many personal laws made according to the r different religions. One of them is the Marriage and divorce acts. Hindu, Christians and Muslim are governed under separate marriage acts and grounds for the divorce in India.



Here are some grounds for divorce in India:



Under Hindu Marriage Act, 1955, the grounds for divorce in India are:


  1. Adultery – It include any sexual relationship include intercourse outside the marriage is known as adultery. It is also a criminal offence you need to have the proof to establish it. In 1976 an amendment is include which stated one single act of adultery is enough to get the divorce.

  2. Cruelty – If any kind of mental, physical that can be dangerous to life and health is known as cruelty and the spouse can file for the divorce. One single act is not sufficient and cruelty is considered as series of incidents. Acts like food being denied, continuous ill treatment and abuse to acquire dowry and preserve sexual act and such are included under cruelty.

  3. Desertion – If either one of the spouse voluntarily abandons their partner for at least two years then abandoned spouse can file a divorce case on the ground of desertion.

  4. Conversion – If either the spouse changes his or her religion then other spouse can file the divorce petition.

  5. Mental Disorder – It is also a ground for filling a divorce if the spouse suffers from incurable mental disorder and insanity and so it cannot from the couple to stay together.

  6. Leprosy – It is an incurable disease and can be one of the grounds for divorce in India.

  7. Venereal Disease – If any spouse is suffering from serious disease which can be transmitted to other then can go for the divorce. Ex- AIDS.

  8. Renunciation – A spouse can get the divorce if the other renounces all worldly by embracing a religious order.

  9. Not Heard Alive – if the person is not seen or heard alive for seven years then it is presumed to be dead and the other spouse can file a divorce if she/he is interested in marry again.

  10. No Resumption of Co-habilitation – If the couple fails to resume their co-habilitation after the court passes a decree of separation, it is one of the legal grounds for divorce in India.


The wife can get the divorce on the following reasons/grounds in India:


  1. If the husband do the rape, bestiality and sodomy

  2. If the marriage is solemnized before Hindu Marriage Act and husband again marry with other women in spite of the wife is alive then the first wife will go for the divorce

  3. A girl can get the divorce if she was married before 15 years and renounces the marriage before she becomes 18 years

  4. If there is no co-habilitation for a year and husband neglects the judgment of maintenance awarded to the wife by the court, wife can get the divorce


According to the Muslim Marriage Act 1939, a Muslim woman can get the divorce on the following grounds for divorce in India:


  1. If the husband is not heard/unknown for period of four years

  2. If the husband is not providing maintenance for two years

  3. The husband has been under imprison for 7 years or more

  4. The husband is unable to meet the marital obligations

  5. If the girl married before fifteen and decides to end the relationship before she turns eighteen

  6. The husband is showing cruel behavior with the wife


Under Indian Divorce Act, 1869, the divorce can be granted on these reasons:

  1. Adultery

  2. Conversion to another religion

  3. One of the couples suffering from an unsound mind, leprosy or venereal diseases for at least two years before filing of the divorce

  4. Not been seen or heard alive for the period of seven or more years

  5. Failed in observing the restitution of conjugal rights for at least two years

  6. Inflicting the cruelty and giving to mental anxiety that can be injurious to health and life

  7. Wife can file for divorce on the grounds of rape, sodomy and bestiality


An experience lawyer will always require getting you an effective guidance to get the divorce through a mutual agreement done between you and your spouse.



According to the Parsi Marriage and Divorce Act 1936 and its amendment of the same in 1988 the grounds for divorce in India are:



  1. Continuous absence for seven years

  2. Non-consummation of marriage within one year

  3. Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage

  4. Pregnancy by other person than husband and husband was unaware of this fact when getting married and after knowing this he does not undergone through sexual intercourse with her wife. In this situation the divorce petition must be filed within 2 years

  5. Adultery, bigamy, fornication, rape or other violating sexual acts

  6. Act of Cruelty

  7. Incurable disease or forcing the wife into prostitution

  8. Sentenced to prison for seven years or more

  9. Desertion for Two years or more time

  10. Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation


The information on the site is only for informational purpose please take legal advice for any kind of decision making.