Grounds for divorce in India – what are the divorce laws in India?

When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together.

Husband and wife need to mutually agree on 3 main points. One is alimony or maintenance issues. The second is custody of the child. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. The third is property. The husband and wife must decide who gets what part of the property (movable/immovable) including bank accounts.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court.

In this case a husband or wife cannot simply ask for a divorce without stating a reason. The grounds for divorce are as follows.

Cruelty may be physical or mental cruelty.

In India, if a man that commits adultery he can be charged with a criminal offence or file for divorce as a civil remedy. If a wife commits adultery, she cannot be charged with a criminal offence, however, the husband can seek prosecution of the adulterer male for adultery.

One spouse deserting the other without reasonable cause for 2 consecutive years, is reason for divorce.

Divorce can be filed if the other spouse converts to another religion.

If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness.

If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy.

If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.

If the spouse has not been heard of as being alive for a period of at least seven years.