Email

DIVORCE ON THE BASIS OF CRUELTY

Contested Divorce: In a contested divorce, the husband and wife are in conflict over separation. Section 13 of the Hindu Marriage Act, 1955, outlines specific grounds under which a petition for divorce can be filed. Typically, issues like child custody and maintenance remain unresolved at the initial stage.

Cruelty: Cruelty can be physical, emotional, or social. According to Indian divorce law, if one spouse reasonably believes that the other’s conduct could cause physical or mental harm, it constitutes sufficient ground for divorce on the basis of cruelty.

Adultery: If a husband engages in consensual sexual intercourse outside of marriage, the wife may file for divorce on the ground of adultery. Likewise, a husband can do the same if the wife is unfaithful. Earlier, adultery was a criminal offence under Section 497 IPC — but it has now been decriminalized. It remains, however, a valid civil ground for divorce.

Desertion: Abandonment by one spouse without reasonable cause, and with intent to permanently end cohabitation, is a valid ground for divorce. The desertion must have lasted continuously for at least two years under Hindu law. However, under Christian law, desertion alone is insufficient for divorce.

Mental Disorder: If one spouse suffers from a mental illness that makes them incapable of performing normal marital duties, the other may seek divorce. If the illness is severe enough to disrupt normal life together, divorce becomes a valid legal remedy.

Renunciation of the World: When a spouse renounces worldly life and adopts sanyasa, the other party can legally seek a divorce.

Presumption of Death: If a spouse has not been heard from for at least seven years by anyone who would naturally have heard from them if alive, the other spouse can obtain a judicial decree of divorce based on presumption of death.