What are the grounds to apply for a divorce

I want to apply for divorce

Answers (5)

164 votes

There should be Strong reason for judicial separation. Such as Adultery, Cruelty or Desertion ( that means living separately more than 2 years). So that you can file a divorce petition under suitable jurisdictional court. You can also opt for mutual consent divorce.

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167 votes

You can apply for divorce on various grounds which I believe many have informed to you by now in great detail. Instead of knowing the various grounds, if you come up with the reasons making you impossible to live with your present spouse you can present the same in your petition,

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249 votes

There are many grounds for divorce one can proceed :
and many more,
on the above grounds divorce can be proceed but depending on the facts.

163 votes

That will depend on your religion as there are different grounds under different personal laws. But almost all laws include adultery, cruelty, desertion, unsoundness of mind etc. And there is option of mutual consent divorce also. Give more details so that your specific query can be answered.

175 votes

To dissolve a marriage, there has to be either Cruelty or Desertion.
If the couple are Hindus:

Nullity of Marriage:
Non-fulfillment of anyone of the aforesaid conditions renders a marriage null and void. Section 11 of Hindu Marriage Act provides that such marriage shall be null and void, where:
(1) neither party has a spouse living at the time of the marriage;
(2) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
(3) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Further, Section 5 of the Act provides that any party can obtain decree of nullity of marriage from the Court in Case of Voidable Marriages if at the time of marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity.

Section 12 of Hindu Marriage Act, provides for a decree of nullity of marriage, which is voidable, on any of the following grounds:
(a) that the marriage has not been consummated owing to the impotence of the respondent. A party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility.
(b) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

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