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Reasons on which a divorce can be filed


There are various issues that may lead to a number of problems between the married couple. The Hindu Marriage Act has laid down a number of reasons based on which you can file for a divorce.
  • Adultery:When your spouse is involved in any kind of sexual relationship outside your marriage. It is a criminal offence and you need to have a proof of it.
  • Cruelty: If your spouse is causing you any kind of mental or physical injury that is in the form of -
    • Torture
    • Danger to life or health
    • Not providing you with food or other basic facilities
  • Desertion: If your spouse has left you and has not returned for 2 years.
  • Renunciation– If your spouse has given up all worldly affairs by adopting a particular religious order.
  • Not Heard Alive– If you or your family members have not heard from your spouse or your spouse has been missing for a period of 7 years, he/she shall be presumed to be dead.
  • Conversion: If your spouse converts or adopts a different religion.
  • Disease: You can file a divorce,  if your spouse is suffering from any of the  following health conditions:
  1. Mental Disorder: If your spouse is suffering from a mental disability that cannot be treated or cured and is unable to live as a couple.
  2. Leprosy: If your spouse is suffering from leprosy that is an incurable and life threatening disease.
  3. Venereal Disease– If your spouse is suffering from a serious disease that is easily communicable like AIDS or HIV.

Reasons on which only the wife can file for a divorce:
  • If your husband is involved in rape, bestiality and sodomy.
  • If your husband marries again without a divorce from his first wife or when his first wife is still alive.
  • If you were married before the age of fifteen and are not willing to continue with the marriage when you attain 18 years of age.
  • If the you and your husband are not living together for one year and your husband neglects the court’s direction of giving you maintenance, you can contest for a divorce.

You cannot claim divorce on the basis of the following reasons:
  • Educational qualification.
  • Appearance of the person for e.g. weight, height.
  • Non-fulfilment of any amount of money or any property to be given as a gift.
  • Lacking the ability to do a particular activity for e.g. cooking, painting etc.


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