Family law

Divorce in India comes under the purview of personal laws and the rules for divorce are different for different religious faiths and Hindus, Christians, and Muslims are governed under separate marriage acts and grounds for divorce in India. We as experienced divorce lawyers in Pune, provide detailed information about divorce process.

The the Hindu Marriage Act, 1955 states the following 10 reasons are Grounds for divorce

Cruelty – which includes any kind of mental and physical cruelty and emotional violence. These grounds are also covered in detail under the protection of women from Domestic Violence Act. Certain instances like verbal abuse, no communication,, continuous ill-treatment or negligence , demand for dowry, perverse sexual acts etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. Sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery.