In India, divorce can be sought under various grounds, which are categorised under personal laws governing different religions. The grounds for seeking divorce can vary from religion to religion. under section 13 of Hindu marriage act,1955 various grounds to seek divorce is given. Here are some common grounds under which divorce can be sought by the common people of India.
1. Adultery: If either spouse engages in sexual relations outside of marriage, it can be a valid ground for seeking divorce.
2. Cruelty: If one spouse subjects the other to physical or mental cruelty, it can be a valid ground for divorce. Acts of violence, harassment, and mental torture are considered as cruelty.
3. Desertion: If one spouse abandons the other without any reasonable cause or excuse, it can be a ground for divorce. The duration of the desertion must be for a continuous period of at least two years.
4. Conversion: If one spouse converts to another religion, it can be a ground for divorce. The other spouse can seek a divorce if they don’t want to follow the religion of their partner.
5. Mental disorder: If one spouse is suffering from a mental disorder that makes living together impossible, the other spouse can seek divorce. The mental disorder must be of such a nature that the spouse cannot be reasonably expected to live with the other.
6. Breakdown of marriage: This is a recent ground added to the list of grounds for divorce. If a couple has been living separately for a period of one year or more and they are unable to reconcile, they can seek a divorce on the grounds of an irretrievable breakdown of marriage.
7. leprosy: Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce.
8. veneral diseases:Under this concept, if the disease is in communicable form and it can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.
9. renunciation: It means when one of the spouses decide to renunciate the world and walk on the path of the God, then the other spouse can approach the court and demand the divorce. In this concept the party who renunciate the world is considered as civilly dead. It is a typical Hindu practice and considered as a valid ground for divorce.
10. presumption of death: In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.
It is important to note that divorce laws and grounds for divorce may vary based on personal laws governing different religions in India. It is advisable to consult a legal professional for specific guidance on divorce laws and procedures in India.
