Marriage is the state of being united as spouses in a consensual and contractual relationship recognized by the law of the State. This is an ancient culture, found in almost every corner of the world. Marriage is a social custom, a holy institution carrying out the purpose of binding two people under a sacred union where a man and a woman’s love is sealed and strengthened by God’s love.

In India also, the cultural heritage of marriage is highly appreciated by almost every Indian. Here, in Indian society, marriage is enriched with high traditional value as the wedding ceremony is performed by keeping the fire as a witness on behalf of Lord Bramha.

However, as an inevitable part of any divine act, a sacred institution as marriage also bears a darker part, which is Divorce. In certain unfortunate and unpreventable cases, marriage comes to an end with the help of the decree of divorce.

What is Divorce?

Divorce is a dissolution of marriage by the way of the legal process, terminating all the obligations of marriage by bringing an end to the matrimonial alliance of spouses. The passing of the decree of divorce by a court of law may also involve the separation of husband and wife along with the division of property, assets, and the issue of custody of the child.

With the changing status of lifestyle, the rate of divorce in India is also rapidly increasing. Men, as well as women, are showing the courage to walk out of unhappy and unhealthy married life as the rigid nature of Indian society is learning to accept the fact that the sole purpose of marriage is to lead a happy life together.

Kinds of Divorce in India

Under the provisions of Hindu Law, Divorce can be classified into two categories:-

1. Divorce by mutual consent;
2. Contested Divorce.

Mutual Divorce: Section 13-B of the Hindu Marriage Act, 1955 deals with the provisions of Mutual Divorce. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation.

Contested Divorce: Contested Divorce takes place when divorce is initiated by either spouse. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard for more than seven-year.

Grounds of Divorce in India under the Hindu Marriage Act, 1955

Section 13 of the Hindu Marriage Act, 1955 lays down the following grounds on which contested divorce can be obtained:-

• Adultery– It is a criminal offence where either of the spouses is involved in sexual relations with someone out of the marriage.
• Cruelty- It is defined as a willful act that can cause danger to body, limb, life or mental health. It can include causing pain, abusing, torturing mentally or physically.
• Desertion- When a spouse willfully abandons another without any intention of coming back, it is known as Desertion. Desertion for more than two years could be a valid ground for divorce.
• Communicable Diseases and Leprosy- Leprosy is a contagious and chronic disease that causes lesions on skins and nerve damage. Hence, divorce can be obtained when wither spouse is diagnosed with leprosy or any other similar disease.
• Mental Disorder- Mental disorder includes unsoundness of mind, mental illness, or such mental disorder which makes the person abnormally aggressive which is a valid ground of divorce.
• Religion Conversion- In a Hindu marriage, if either of the spouses ceases to be a Hindu, then it can be considered as a ground for divorce.
• Spouse not heard of- If either of a spouse is not heard of for more than seven years, then it can be considered as a ground for divorce.
• Renunciation of the world- Under the Hindu Law, the “Renunciation of the world” is a ground for divorce, if either of the spouses has renounced the world and has entered a holy order.

Grounds of Divorce in India under the Muslim Marriage Act

Muslim Marriage Act lays down the following grounds on which divorce can be obtained:

1.By Husband: There are four modes available before a husband to dissolve the union of marriage:

i.Talaq- ul- Sunnat

ii. Ahsan

iii. Hasan

iv.Talaq-ul- Biddat

2. By Wife: Section 2 of Dissolution of Muslim Marriage Act, 1939 states nine grounds on which a Muslim wife can obtain a decree of divorce. Let us discuss them below:

1. Absence of Husband
2. Fails to provide maintenance
3. Imprisonment of the Husband
4. Failure to perform a marital duty
5. Impotency of husband
6. Insanity, leprosy or venereal disease
7. Repudiation of marriage by the wife
8. Grounds of dissolution recognized by Islamic Law
9. Cruelty by Husband

3. Divorce by Mutual Consent

4. Under dissolution of Muslim Marriage Act, 1939

Grounds of Divorce in India under Christian Marriage

In the due change of time, the divorce among Christian couples is governed under the Indian Divorce Amendment Act, 2001. Let us further elaborate on the grounds of Christian Divorce that may lead to the dissolution of the solemnized marriage between husband and wife under the Indian Divorce Amendment Act 2001 are divided into two sections:

i. Section 10- Divorce: Where are petition can be filled by either of the two parties. The grounds to which marriage can be dissolved are mentioned as follows:

• If the respondent has committed adultery.
• If the respondent has ceased to be Christian by conversion to another religion.
• If the respondent is unsound for a continuous period of not less than two years.
• If the respondent has been suffering from a virulent and incurable disease like leprosy.
• If the respondent has been suffering from communicable venereal disease.
• If the respondent not been heard of as being alive for seven years or more.
• If the respondent quite inflexibly refuses to consummate the marriage and the marriage has not therefore been consummated.
• If the respondent has failed to comply with a decree for restitution of conjugal rights.
• If the respondent deserted the petitioner for at least two years immediately preceding the presentation of the divorce petition.
• If the respondent is treated with cruelty.

ii. Section 10A- Divorce by Mutual Consent: Where are petition can be filled by both the parties. The grounds to which marriage can be dissolved are mentioned as follows:

• When the divorce petition is filed with the mutual consent of both parties.
• When either of the party is subject to a condition of living separately for two years and not being able to live together.

iii. Grounds of Christian Divorce available only to Wife

Where a wife can also present a petition for the dissolution of her marriage on the grounds:

• Solemnization of the Marriage
• Been guilty of Rape
• Sodomy or Bestiality.

Procedure of filing for Mutual Divorce in India

Following is the procedure to file for mutual divorce in India:

STEP 1: Draft a petition stating the reason for seeking a divorce.

STEP 2: File the petition jointly through respective lawyers before the family court.

STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.

STEP 4: After this, a period of six months is given to the parties as a chance of their reconciliation.

STEP 5: Post 6 months, if there no reconciliation, both the parties need to appear for the final hearing.

STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage.

Procedure of filing for Contested Divorce in India

The contested divorce is filed by either spouse based on the abovementioned grounds.

The following are the steps to file for a Contested Divorce in India:-

STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce along with affidavits, vakalatnama, and documents relevant to the case.

STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons the other party to appear before the court on a decided date.

STEP 3: Next, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.

STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-examined and will present their witnesses if any.

STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree.

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