GROUNDS OF DIVORCE IN INDIAN LAW

1. Hindu Marriage Act, 1955 (HMA)

Section 13 (1) & 13(1A)

A. Fault Grounds (Section 13(1))

1. Adultery
2. Cruelty (mental or physical)
3. Desertion (continuous 2 years)
4. Conversion to another religion
5. Unsoundness of mind / mental disorder
6. Virulent leprosy
7. Venereal disease (communicable form)
8. Renunciation of the world
9. Presumption of death (not heard of for 7 years)

B. Breakdown Grounds (Section 13(1A))

10. No resumption of cohabitation after:

• Decree of judicial separation (1 year)
• Decree of restitution of conjugal rights (1 year)

C. Special Ground for Wife (Section 13(2))

11. Husband guilty of:

• Rape
• Sodomy
• Bestiality

12. Husband already married before commencement of HMA

D. Mutual Consent

Section 13B – Divorce by mutual consent (1 year separation)

2. Special Marriage Act, 1954 (SMA)

Section 27

(Almost identical to HMA, religion-neutral)

Grounds:

1. Adultery
2. Desertion (2 years)
3. Cruelty
4. Unsoundness of mind
5. Mental disorder
6. Leprosy
7. Venereal disease
8. Presumption of death
9. Non-compliance of judicial separation / RCR (1 year)

Mutual Consent

Section 28 – Divorce by mutual consent

3. Christian Marriage / Divorce Act, 1869

Section 10

Grounds:

1. Adultery
2. Cruelty
3. Desertion (2 years)
4. Conversion to another religion
5. Unsoundness of mind (2 years)
6. Venereal disease (incurable)
7. Leprosy
8. Presumption of death

Mutual Consent

Section 10A

4. Muslim Law – Dissolution of Muslim Marriages Act, 1939

Section 2

(Primarily for Muslim women)

Grounds available to Wife:

1. Husband missing for 4 years
2. Failure to maintain for 2 years
3. Husband sentenced to 7+ years imprisonment
4. Failure to perform marital obligations (3 years)
5. Impotence of husband
6. Insanity (2 years), leprosy or venereal disease
7. Marriage before 15 years & repudiated before 18
8. Cruelty (includes physical & mental cruelty)
9. Any other ground recognized under Muslim law

Muslim Divorce by Husband

• Talaq (as per law; triple talaq banned)
• Khula (by wife with consent)
• Mubarat (mutual divorce)

QUICK COMPARISON TABLE

Practical Notes (Court Use)

• Cruelty is the most commonly pleaded ground
• Adultery now needs strict proof (not criminal anymore)
• Irretrievable Breakdown is not a statutory ground, but Supreme Court grants divorce under Article 142