Renunciation

What is Divorce?

Divorce means when a married couple decides to end their marriage officially. It involves legally undoing the responsibilities and commitments they made when they got married. This process is governed by the laws of the country or state they live in. In the past, divorce was often seen as a big taboo, but now it’s more accepted....

Grounds for Divorce

Section 13(1) specifies the grounds on which a divorce can be filed by either of the partners in marriage. After the alteration in 1976, the grounds for divorce outlined in Section 13 of the Act and under Section 10, judicial separation are comparable. The parties also have the option of judicial separation instead of divorce, which allows them to reconsider their choice. The goal is to preserve the holy institution of marriage and make attempts for reconciliation. The following are the grounds for divorce:...

1. Adultery

Adultery may not be considered an offense in many nations. However, according to the Hindu Marriage Act, adultery is one of the most essential grounds for divorce. Adultery is defined as consenting and voluntary sexual intercourse between a married person and another person, married or unmarried, of the opposite sex. Even if the husband and his second wife have intercourse and their marriage is regarded as bigamy, the person is accountable for adultery. The Marriage Laws Amendment Act of 1976 amended the Hindu Marriage Act to include the concept of adultery....

2. Venereal Disease

According to this principle, if the sickness is infectious and may be passed on to the other spouse, it can be used as a legal ground for divorce. For example, Aman and Bishi married on September 20, 2011. Later, Aman had a venereal illness, which is incurable. Bishi may potentially become infected with the sickness if she stays with Aman. Bishi can file a petition in the court for the dissolution of the marriage....

3. Conversion

If one of the spouses coverts his/her religion without the approval of the other spouse, the other spouse may file a petition in the court for divorce. For example, Aman, a Hindu, has a wife named Bishi and two children. Aman went to church one day and converted to Christianity without Bishi’s consent. In this case, Bishi can go to court and seek divorce based on the conversion....

4. Desertion

Desertion refers to the permanent abandonment of one spouse by the other without acceptable reasons or agreement. In general, one party’s refusal to fulfill marital commitments. Before 1976 Amendment, desertion was only considered a ground for judicial separation, not divorce. However, desertion by one of the spouses for a continuous period of two years immediately before the filing of the petition is now a valid reason for both divorce and judicial separation. Essentials of desertion are:...

5. Cruelty

The idea of cruelty encompasses both mental and physical cruelty. Physical cruelty occurs when one spouse hits or injures the other spouse. However, the idea of mental cruelty was introduced since the other spouse might also psychologically harass the spouse. Mental cruelty is characterized by a lack of compassion that has a negative impact on the individual’s health. Physical cruelty is easy to see, but mental cruelty is more challenging....

6. Insanity

Insanity refers to a person’s unstable mind. Insanity as a cause for divorce requires the following two requirements:...

7. Leprosy

Leprosy is an infectious illness that affects the skin, mucous membranes, and neurological system. It is spread from person to person. As a result, it is regarded as a valid reason for divorce....

8. Renunciation

It implies that if one of the spouse decides to renounce the world and follow God’s way, the other spouse may approach the court and seek divorce. In this view, the party that renounces the world is regarded as civilly dead. It is a common Hindu practice and is recognized as an acceptable reason for divorce. For example, Aman and Bishi married and had a lovely life. One day, Aman chooses to give up the world. Bishi has the right to approach the court and seek divorce....

Divorce- FAQs

Are there different laws of divorce for different religions in India?...