In India, the grounds for divorce are as follows:
- Adultery
- Cruelty
- Desertion for a continuous period of not less than two years
- Conversion to another religion
- Mental disorder for a continuous period of not less than three years.
In India, a woman can seek divorce on the following grounds:
- Adultery: If the husband has committed adultery and the wife cannot reasonably be expected to live with him.
- Cruelty: If the husband has treated the wife with cruelty, either physically or mentally, and the wife cannot reasonably be expected to live with him.
- Desertion: If the husband has deserted the wife for a continuous period of not less than two years, the wife can seek a divorce.
- Conversion to another religion: If the husband has converted to another religion and the wife cannot reasonably be expected to live with him.
- Mental disorder: If the husband has been suffering from a mental disorder for a continuous period of not less than three years and the wife cannot reasonably be expected to live with him.
- Venereal Disease: If the husband is suffering from a communicable venereal disease, the wife can seek a divorce.
- Leprosy: If the husband is suffering from leprosy, the wife can seek a divorce.
- Presumption of death: If the husband has not been heard of as being alive.
Divorce Grounds for Women according to Muslim Marriage Act in India
The Muslim Marriage Act, 1939 governs the dissolution of Muslim marriages in India. The act provides for several grounds on which a Muslim woman can seek divorce from her husband. These grounds include:
- Talaq-e-Tafweez: This is when the husband gives the wife the right to divorce herself by including a clause in the marriage contract.
- Talaq-e-Ahsan: This is when the husband pronounces the word “talaq” (divorce) three times to his wife during a period of iddat (a waiting period of three menstrual cycles).
- Talaq-e-Hasan: This is when the husband pronounces the word “talaq” three times to his wife in a single sitting, but during the iddat period.
- Faskh: This is when the marriage is dissolved by a court on the grounds of cruelty, desertion, impotency, insanity, leprosy, or venereal disease of the husband.
- Khula: This is when the wife approaches the court and seeks a divorce on the grounds of cruelty, incompatibility, or any other reasonable cause.
- Lian: This is when the wife accuses the husband of infidelity and the court finds the husband guilty, the court can grant divorce.
It’s worth noting that, for Muslim divorce the process and laws are different from the other divorce laws and it’s governed by Muslim personal laws and the court’s decision is guided by religious principles, which may vary in interpretation.
Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (Amendment 1988)
The Parsi Marriage and Divorce Act, 1936 (Amended in 1988) governs the dissolution of Parsi marriages in India. The act provides for several grounds on which a Parsi woman can seek divorce from her husband. These grounds include:
- Adultery: If the husband has committed adultery and the wife cannot reasonably be expected to live with him.
- Cruelty: If the husband has treated the wife with cruelty, either physically or mentally, and the wife cannot reasonably be expected to live with him.
- Desertion: If the husband has deserted the wife for a continuous period of not less than two years, the wife can seek a divorce.
- Insanity: If the husband has been of unsound mind for a period of not less than two years, the wife can seek a divorce.
- Conversion: If the husband has converted to another religion and the wife cannot reasonably be expected to live with him.
- Mutual consent: If both the parties agree to the divorce and file a joint petition.
- Presumption of death: If the husband has not been heard of as being alive for a period of seven years or more, the wife can file for a divorce.
It’s worth noting that, the grounds for divorce under the Parsi Marriage and Divorce Act are similar to the grounds for divorce under the Hindu Marriage Act 1955 and Indian Divorce Act 1869 with slight variations and are subject to the discretion of the court to decide each case.
