This article will guide you on how to seek divorce under Indian Divorce Act. Any Christian divorce under the Indian Divorce Act with any of the following grounds. The following ground are sufficient to constitute a divorce under Indian Divorce Act. Both spouse men and women can file divorce against another spouse on any of the following grounds.
- Adultry: Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. When any of the spouse is voluntarily indulging in extramarital sexual relationship/intercourse outside marriage, it will be considered a ground for Divorce. Though adultery is no more a criminal offence in India but it is still a ground for Divorce.
- Cruelty: Cruelty is another ground of Divorce under Indian Divorce Act. Cruely invokes when any of the spouse is subjected to any kind of mental and physical cruelty by the other spouse. Mental cruely is also under the purview of 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.
- Religion Conversion: A divorce can be file if one of the spouse has converts himself/ herself into another religion, the other spouse may file a divorce case based on this ground.
- Incurable Mental Disorder : Mental disorder can become a ground for filing a divorce if any of the spouse is suffering from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together. However, small mental ailments are not counted in the same. The degree for mental disorders have been held differently by different courts at different times.
- Renunciation of the World : If a spouse becomes a hermit/ has renounced the world and all relations; the other spouse can seek divorce.
- Not Heard Alive for Seven Years : 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.
- 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.
- Co-habitation : Non-resumption of Co-habitation after decree of Judicial Separation within one year passing of such decree is a ground for Divorce.
Apart from these ground spouse can seek mutual divorce if they are living separately for at least one year and have not able to co-habit and they also wants to end this marriage with mutual consent, they can seek a divorce before the court.