What are the grounds for divorce in India?

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Divorce means the legal dissolution of a valid marriage. It terminates the duties and responsibilities of marriage. It is usually granted by a court or other competent authority. It is different from annulment, which is granted in case the marriage was invalid.

The grounds for divorce under the Hindu Marriage Act (HMA) 1955 include the following:

1. a spouse has committed adultery

2. has treated the other spouse with cruelty

3. has deserted the spouse for a period of two years

4. has ceased to be a Hindu by conversion to another religion

5. is of unsound mind or suffering from an incurable mental disorder

6. suffering from an incurable form of leprosy

7. is suffering from venereal diseases of a communicable form

8. has renounced the world by entering any religious order

9. has not been heard of as being alive for a period of 7 years or more

In addition to the above, there are some additional grounds for divorce that can be applied by the wife. These are as follows:

1. That the husband married again or that any other wife of the husband was alive at the time of the solemnization of the marriage, or the other wife is alive at the time of presentation of the petition for divorce

2. The husband has been guilty of rape, sodomy or bestiality

3. A court order has been made against the husband awarding maintenance to the wife even if she was living apart and cohabitation between the parties has not taken place for a year or more

4. The marriage was solemnized before wife reached the age of 15 and she repudiated the marriage before age of 18

The procedure for getting a divorce in India is as follows:

1. The aggrieved party, husband or wife, has to petition the court for divorce on one or more of these grounds.

2. The normal court procedure takes place, with arguments and evidence and cross examination.

3. At the end of the procedure, the court may or may not grant divorce as per its judgment.

4. Alternatively, the husband and wife may reach an agreement and apply for divorce with mutual consent rather than contested divorce.

The timelines for getting a divorce in India are as follows:

1. For contested divorce: the court case can run for several years

2. For mutual consent divorce: it can take 6 months to a year

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