Divorce in India: 13 Reasons to Appeal

Introduction

Indian divorce rates were surprisingly low until 2000. Divorce was largely considered unacceptable, and breaking a marriage was considered painful. Not only for the couple, but also for their families, it was difficult, demanding, and stressful.

However, the past two decades have seen a huge rise in Divorce rates, especially in urban areas. A survey conducted by Ipsos revealed that only 53% of married Indian spouses consider their relationship with their partner as their greatest source of happiness. It was found that 47% of the poll participants felt differently as a result of this.

Divorce Lawyer in Bangalore

With over two decades' experience practicing Family Law and meeting more than 10,000 couples, we observed that marital issues typically arise in three major categories:

  • Equation with In-Laws and Domestic Violence

  • Financial and Monetary Disputes, including Dowry

  • Infidelity (Extra-Marital Affairs)

India’s pluralistic society practices numerous religions, and marriages and divorces are governed by personal laws. In some religions, marriage is considered a sacrament, while in others, it is a contract.

Indian courts accept specific grounds for divorce appeals. These grounds are gender-agnostic, allowing both men and women to file divorce petitions.

1. Adultery: Divorce on Infidelity Grounds

After marriage, if one spouse has voluntary sexual intercourse with a person other than their spouse, it constitutes grounds for divorce.

2. Cruelty: Divorce on Abuse Grounds

Physical, mental, financial, verbal, or emotional abuse is cruelty. Victims of domestic violence can divorce on these grounds.

3. Desertion: Divorce on Abandonment Grounds

If one spouse has abandoned the relationship and left their partner for more than two years, the other spouse can seek divorce.

4. Religious conversion

In cases where a spouse converts to another religion after marriage, it can be grounds for divorce under the Hindu Marriage Act.

5. Insanity: Divorce on Grounds of Mental Disorder

If a spouse is diagnosed with an unsound mind or a continuous or intermittent mental disorder that makes cohabitation unreasonable, the other spouse can appeal for divorce.

6. Virulent Disease: Divorce on Leprosy Grounds

A spouse suffering from a virulent and incurable leprosy form provides grounds for divorce.

7. Venereal Disease: Divorce on Grounds of Communicable Illness

If a spouse suffers from a communicable venereal disease, such as HIV/AIDS, the other spouse can file for divorce.

8. Renunciation: Divorce on the Grounds of Spiritual Desertion

If a spouse has renounced the world and fully embraced a spiritual path, deserting the matrimonial relationship and material desires, this forms grounds for divorce.

9. The Presumption of Death

If a spouse has not been heard of for at least seven years by people who naturally know their existence, the other spouse can appeal for divorce.

10. Judicial Separation

It is possible to obtain a divorce after being separated for more than one year without having cohabitation resumed.

11. Non-Compliance with the Restitution of Conjugal Rights (RCR)

If a court has ordered restitution of conjugal rights and the spouse fails to comply for over a year, the other spouse can file for divorce.

12. Bigamy: Divorce on Polygamy Grounds

If a legally separated spouse marries another person while the first spouse is still alive, it constitutes grounds for divorce.

13. Unnatural sexual acts

If a husband commits rape, sodomy, bestiality, or any other unnatural sexual act, the wife can seek divorce on these grounds.

Conclusion

Divorce is the legal end of a marital union and is granted by a court of law upon receiving a petition from both parties. While divorces can be challenged on the above grounds, they can also be granted through mutual understanding. For individuals seeking clarity or assistance, consulting an expert Divorce Lawyer is crucial to navigating the legal system and achieving the best possible outcome.

Location: Bengaluru, Karnataka, India

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