False 498A Case and Forcing Husband & In-Laws to Take the Wife Back

Grounds for Divorce in India Under the Hindu Marriage Act, 1955

1. Adultery: Engaging in any sexual relationship outside marriage is considered adultery. It is a criminal offense, and substantial proof is required to establish it. As per the 1976 amendment, even a single act of adultery is enough to grant a divorce.
2. Cruelty: A spouse can file for divorce if subjected to mental or physical cruelty that endangers life, limb, or health. Mental cruelty is determined based on a series of incidents, such as:
   • Denial of food
   • Continuous ill-treatment or abuse (especially for dowry)
   • Perverse sexual acts
3. Desertion: If a spouse voluntarily abandons their partner for at least two years, the abandoned spouse can seek divorce.
4. Conversion: If one spouse converts to another religion, the other can file for divorce.
5. Mental Disorder: If a spouse suffers from an incurable mental disorder or insanity, making it impossible to live together, divorce can be sought.
6. Leprosy: In cases of virulent and incurable leprosy, the unaffected spouse can file for divorce.
7. Venereal Disease: If a spouse is suffering from a serious communicable disease, such as AIDS, the other spouse has the right to file for divorce.
8. Renunciation: If a spouse renounces worldly affairs by adopting a religious order, the other can seek divorce.
9. Not Heard Alive for Seven Years: If a person is missing for seven years and not heard from by those expected to be in contact, they are presumed dead, allowing the other spouse to file for divorce.
10. No Resumption of Co-habitation: If a couple fails to reconcile or live together after a court decree of separation, it becomes a ground for divorce.