Grounds for Divorce Under Hindu, Muslim, Christian, and Special Marriage Acts

The dissolution of marriage in India is subject to various laws based on personal laws. This includes the Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, and Muslim personal law. Each law provides its own unique definition of grounds for divorce.  

As you can see, while some of the laws may use similar terms such as “adultery,” it is vital to know which law applies to you so you can properly and smoothly proceed with your divorce action. If you are not able to determine which Act is applicable to your case, feel free to reach out to one of Prime Legal’s divorce advocates, who can help guide you through the process.  

Legal Grounds for Divorce in India (General Overview)  

In India, grounds for divorce can be broadly categorized into three headings: In general, grounds for divorce can be categorized into three groups: fault-based grounds (which may include, but is not limited to, cruelty, desertion, adultery, conversion, etc.), a no fault divorce by means of mutual consent, and special grounds available that only one spouse may rely upon based on the law. To understand how a mutual consent divorce works, please see our article called “Mutual Consent Divorce Procedure in India.“

Grounds for Divorce Under the Hindu Marriage Act, 1955 (Hindu Divorce Law)

Common Grounds Open to Both Spouses

Either spouse may file a petition of divorce under the provisions of the Hindu Marriage Act on the following grounds:

• Cruelty – physical or mental cruelty that has made cohabitation or living together unsafe or intolerable.
• Adultery – voluntarily having sexual intercourse with a person other than the spouse.
• Desertion for 2 years – desertion for at least two years with intent to permanently leave the spouse without reasonable excuse.
• Conversion – one spouse undergoes a conversion of religion.
• Mental disorder – one spouse suffers from a severe mental disorder which has impacted the marriage.
• Incurable diseases such as leprosy – applicable pursuant to the most recent legislation. 
• Renunciation of the world – one spouse renounces worldly life by way of becoming a sanyasi. 
• Presumption of death – one spouse has not been seen or heard from for at least 7 years.

Additional Grounds Open to Women Only

The Hindu Marriage Act also has special protections for women from whom more grounds for divorce are permitted:

• Husband has a second wife or bigamous – if he married again during the subsistence of the first marriage. 
• Husband guilty of rape, sodomy or bestiality – serious sexual offences committed by the husband. 
• Husband has refused to maintain her – a continuous or refusal by the husband to maintain her.

To learn more about women’s legal protections, view our guide “Legal Rights of Women During and After Divorce in India”.

Grounds for Divorce Under Muslim Law (Muslim Marriage Act & Sharia Principles)

Wife’s Grounds for Divorce  

A Muslim woman can sue for divorce either through Khula, Talaq-e-Tafweez, or under the Dissolution of Muslim Marriages Act, 1939 on the following grounds:

• Husband’s  cruelty – even the wife is wholly devoted to her husband, if he does anything to beat, or mentally destroy, the emotional and mental wellbeing and safety of the wife in relation to matrimonial life, then that can be a valid ground for divorce.
• Desertion for 4 years – husband leaves the wife, without reasonable justification or cause.
• Husband’s impotence – husband is not able to consummate the marriage.
• Failure to provide maintenance to wife for 2 years – husband neglects to provide for the wife at all, or all reasonable means of financial giving.
• Husband’s imprisonment for 7 years or more – also cover the duration of the husband’s imprisonment for all marital relations with the husband.
• The husband is insane or has serious illness – has a chronic condition that prevents the husband and wife from living together.

All of the above grounds can provide serious legal protections to Muslim women only if their marriage is deemed to be unworkable.

Husband’s Grounds for Divorce (Talaq)  

A Muslim husband may divorce his wife by way of talaq, but the recent Supreme Court rulings essentially established restrictions against instant Triple Talaq (Talaq-e-Biddat). Now, valid talaq must include reasonable justification and a dilatory attempt towards reconciliation through arbitration before a final separation. If you would like a complete walkthrough regarding divorce filing, please refer to our article entitled “Understanding the Divorce Procedure in India”.

Grounds for Divorce Under the Indian Divorce Act, 1869 (Christian Divorce Law)

Grounds for Both Spouses

Christians in India can seek divorce under the Indian Divorce Act for the following reasons:

• Adultery, which means voluntary sexual intercourse with a person other than one’s spouse.
• Cruelty, which includes acts of physical or mental cruelty, making it unsafe for the parties to live together.
• Desertion for 2 years, meaning that one of the spouses has deserted there other spouse without reasonable cause for 2 years.
• Conversion of one spouse has converted to another religion.
• Unsoundness of mind means the spouse has such severe mental illness that it has affected the marital life.
• Venereal disease means the spouse has a serious STD.
• Not heard alive for 7 years does mean that a spouse can be presumed legally dead.

Special Notes

Christian law has recently developed policies for mutual consent divorce, which is generally easier to access for couples that agree to divorce. Courts will look at adultery very seriously and require strong or compelling evidence from usually more than one source.

Grounds for Divorce Under The Special Marriage Act, 1954 (Interfaith & Civil Marriages)

Couples married under the Special Marriage Act, which is generally interfaith marriages or Civil marriage, can use the following grounds to petition for divorce;

• Adultery
• Desertion for 2 years
• Imprisonment of 7 years
• Cruelty
• Mental disorder
• Venereal disease
• Presumption of death (Not Heard Alive for 7 years)

Additional grounds available to the Wife

• Husband has committed rape, sodomy or bestiality.
• Husband not heard of for 7 years and the wife has sufficient cause to be granted divorce alone.

To learn more about the clarity of financial rights after separation, check out our guide on “How Is Alimony Decided In India”.

Comparative Table: Grounds Under Each Act

Which Act Governs Your Marriage?

Knowing which divorce legislation is applicable prior to embarking on legal action is crucial. Hindu Marriage Act then applies to Hindus, Sikhs, Jains and Buddhists. Muslim Divorce Law applies to Muslim marriages conducted under and subjected to the principles of Sharia. Christian Divorce Act (Indian Divorce Act) applies to Christians. The Special Marriage Act applies to the inter-religious couple or the couple that opted for the civil marriage under the Marriage Registrar. If you wish to clarify which form of divorce to undergo, check out our guide “Mutual Divorce vs Contested Divorce “.

Conclusion

In India, divorce legislation varies considerably between personal and civil laws, as well as variations of grounds and process/ procedure for each Act the relevant divorce would occur under. Being aware of each burdening the grounds of divorce under your appropriate Act is mitigated and distilled, thereby, clarifying its legal effect and practical implications for both parties. You will also know whether to advance “mutual consent” for divorce, “contested divorce” for divorce matters, or special grounds under the divorce legislation.

Are you in need of assistance to file a divorce under your appropriate prescribed personal law? Ask Prime Legal’s top divorce lawyers in Bangalore for support.

FAQs-

1. Which divorce law am I subject to for my marriage?

The applicable Law will depend on your religion or the way you registered your marriage. For example, Hindus would follow the Hindu Marriage Act, Muslims would follow their Muslim law, Christians would follow the Indian Divorce Act, and couples of different religions would follow the Special Marriage Act.

2. When it comes to applying for mutual consent divorce, am I able to get a mutual consent divorce if I follow all the personal laws? 

The answer is yes. Mutual consent divorce is available under the Hindu Marriage Act, the Indian Divorce Act, and Special Marriage Act. Additionally, Muslim law has equivalent concepts through Khula or Mubarat.

3. Are grounds for divorce the same under any of the Acts in India? 

The answer is no. Each personal law has its own list of accepted grounds for divorce. Some grounds, like cruelty and adultery, are accepted grounds under all personal laws, while other grounds like bigamy or rape are only grounds under certain personal laws.

4. Will a wife be provided additional grounds for divorce? 

Yes, several Acts provide special grounds for women, such as bigamy and sexual offences by the husband. These are additional legal protections women have under their personal law.

5. Do you need a lawyer to initiate divorce in India? 

No, having a lawyer is not needed; however, a lawyer will guarantee that your divorce is completed correctly with the right procedures and documentation, and a lawyer will ensure you are represented, which would be helpful in the event of legal obstacles, delays or other technical issues.