In India, divorce laws are primarily governed by the personal laws of different religious communities, such as Hindu Law, Muslim Law, Christian Law, and others.
The legal grounds for divorce vary depending on the religious affiliation of the couple.
Here are the general legal grounds for divorce in India based on different personal laws:
Hindu Law:
- Adultery: If one spouse engages in voluntary sexual intercourse with someone other than their spouse.
- Cruelty: If a spouse subjects the other to physical or mental cruelty that endangers their life, or health, or makes living together intolerable.
- Desertion: If a spouse abandons the other without reasonable cause for a continuous period of at least two years.
- Conversion: If a spouse ceases to be a Hindu and converts to another religion.
- Mental Disorder: If a spouse has been incurable of unsound mind or suffers from a mental disorder that makes living together impossible.
- Communicable Disease: If a spouse has a virulent and incurable form of leprosy or a sexually transmitted disease.
- Presumption Of Death: If the spouse has not been heard of as being alive for a period of at least seven years.
Muslim Law:
- Talaq: Muslim men have the right to divorce their wives by pronouncing talaq (divorce) verbally or in writing.
- Different forms of talaq are recognized, such as Talaq-E-Ahsan (Single Pronouncement Followed By Abstinence), Talaq-E-Hasan (three pronouncements made during successive menstrual cycles), and Talaq-E-Biddat (triple talaq pronounced in a single sitting, which has been invalidated by the Supreme Court in 2017).
Christian Law:
- Adultery: If one spouse engages in voluntary sexual intercourse with someone other than their spouse.
- Cruelty: If a spouse subjects the other to physical or mental cruelty that endangers their life, health, or makes living together intolerable.
- Desertion: If a spouse abandons the other without reasonable cause for a continuous period of at least two years.
- Conversion: If a spouse ceases to be a Christian and converts to another religion.
- Mental Disorder: If a spouse has been incurably of unsound mind or suffers from a mental disorder that makes living together impossible.
- Communicable Disease: If a spouse has a virulent and incurable form of leprosy or a sexually transmitted disease.
- Presumption Of Death: If the spouse has not been heard of as being alive for a period of at least seven years.
It’s important to note that Divorce Laws Are Subject To Interpretation and can vary based on court judgments. It is advisable to Consult With A Qualified Family Lawyer who can provide specific guidance based on individual circumstances and the applicable personal law.