In this article, we will discuss about the laws relating to Divorce in India like where to file petition, documents required, grounds for divorce etc.

Divorce is a legal dissolution of marriage. A divorce is among the most tragic and painful misfortune for any married couple. The whole procedure of divorce is definitely a tough affair to get through.

There are two types of Divorce – (1) Divorce by Mutual Consent, and (2) Contested Divorce.

Where to file Petition – According to the Hindu Marriage Act, 1955 , a divorce petition can be filed before a civil court of a district –

1.     Where  the couple seeking divorce last resided together

2.     Where the marriage took place

3.     Where the wife is residing at present

4.     Where the respondent (opposite party) is residing at the time of presentation of the petition.

Documents required in divorce petition – Marriage Certificate, Address Proof of husband, wife and matrimonial home, passport size photographs, evidence of marriage, evidence that they are living separately, income statements, profession details, information of both spouse’s family etc.

In case of contested divorce, one party contests for divorce against the consent of the other party. There are specific grounds on which the petition can be filed. A petition without the mutual consent of the parties or without stating any reason for divorce is not allowed, and will not be entertained by the court.

Different grounds for divorce are not applicable on all religions, as in India; there are different personal laws for different religions. The list of specific grounds of divorce is as follows –

1.     Cruelty - It means inflicting physical or mental harm to the body or health of a women and indulging in acts of harassment with a view to coerce her or her relatives to fulfil any unlawful demand for an property or valuable asset. Every harassment incident is not Cruelty. Harassment without purpose of coercing a woman to meet unlawful need of property would not amount to ‘Cruelty’.

2.     Adultery – It means having consensual sexual intercourse outside the marriage. If any party is found to have an adulterous relationship, the other party can file for divorce stating this reason.

3.     Desertion – It means abandoning the other party in a way considered disloyal or treacherous. So if one spouse deserts other without reasonable cause, then the deserted party can ask for divorce. The condition to this is that, the party who deserted should have intention and there should be proof of it. In Hindus, the desertion period should be at least 2 years. Christians cannot take a divorce station this as a reason.

4.     Conversion – If one spouse converts to any other religion, this can be cited as a reason for taking divorce. There is no requirement of passing any time before divorce can be filed.

5.     Mental Disorder – If any spouse is suffering from any mental disorder, and is not able to perform the normal duties required in a marriage, then divorce can be sought.

6.     Communicable Disease – If one of the spouses is suffering from any communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, then divorce can be obtained according to Hindu Laws in India.

7.     Renunciation of the World – If any spouse renounces his/her marriage and takes Sanyas, then the aggrieved party may sought divorce.

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