Reasons and Grounds for Divorce

Additionally, wives have specific grounds for divorce:

• Rape, Sodomy, Bestiality: If the husband engages in any of these acts.
• Remarriage: If the husband remarries despite the first wife being alive, she can seek divorce.
• Minor Marriage: If the wife was married before 15 and renounces the marriage before turning 18.
• Neglect of Maintenance: If there is no cohabitation for one year and the husband neglects court-awarded maintenance.

Grounds for Divorce for Muslim Women

Under the Dissolution of Muslim Marriages Act, 1939 , Muslim women can seek divorce on the following grounds:

• Unknown Whereabouts: If the husband's whereabouts are unknown for four years.
• No Maintenance: If the husband fails to provide maintenance for at least two years.
• Imprisonment: If the husband is imprisoned for seven or more years.
• Marital Obligation: If the husband cannot meet marital obligations.
• Minor Marriage: If married before 15 and the wife ends the relationship before 18.
• Cruelty: If the husband engages in acts of cruelty.

Grounds for Divorce for Christians

Under the Indian Divorce Act, 1869, Christians can seek divorce on grounds such as:

• Adultery.
• Conversion to another religion.
• Unsound Mind, Leprosy, Venereal Disease: If these conditions persist for at least two years.
• Presumed Death: If not seen or heard alive for seven years.
• Failure of Restitution of Conjugal Rights: If not observed for two years.
• Cruelty: Inflicting mental or physical cruelty.

Wives can additionally file for divorce on grounds of rape, sodomy, and bestiality.

Grounds for Divorce for Parsis

Under the Parsi Marriage and Divorce Act, 1936, Parsis can file for divorce on grounds including:

• Absence: Continuous absence for seven years.
• Non-consummation: Within one year.
• Unsound Mind: If unknown at marriage, and filed within three years.
• Pregnancy by Another Man: If unknown at marriage, and filed within two years.
• Adultery, Bigamy, Fornication, Rape, or Perverse Sexual Acts.
• Cruelty.
• Venereal Disease.
• Prostitution.
• Imprisonment: For seven years or more.
• Desertion: For two or more years.
• Non-resumption of Cohabitation: After maintenance or judicial separation decree.

Top Reasons for Divorce in India

1. Incompatibility: Growing apart or being fundamentally opposed without finding common ground.
2. Miscommunication: Poor communication leading to disconnection.
3. Financial Problems: Financial stress straining the relationship.
4. Lack of Intimacy: Emotional or physical intimacy issues causing dissatisfaction.
5. Infidelity: Extramarital affairs leading to divorce.
6. Addictions: Substance abuse affecting behavior and relationships.
7. Domestic Abuse: Verbal or physical abuse leading to separation.
8. Family Issues: Conflicts with family affecting the marriage.

Grounds for Divorce and Associated Statistics

Adultery
Although exact statistics on adultery as a ground for divorce are hard to find, it remains one of the significant reasons for divorce in India. According to a survey by the Indian Journal of Community Medicine in 2020, about 20% of divorced women cited infidelity as the primary reason for their divorce.

Cruelty
Cruelty, which includes both physical and mental abuse, is a leading ground for divorce. A study by the National Commission for Women (NCW) reported that nearly 30% of divorces in urban areas are filed on grounds of cruelty.

Desertion
Desertion is another common reason. According to data from the National Legal Services Authority (NALSA), about 15% of divorce cases involve one spouse abandoning the other.

Conversion
Conversion to another religion is a less common ground. A report from the Law Commission of India suggests that less than 5% of divorce cases involve religious conversion.

Mental Disorder
Mental disorders account for around 7% of divorce cases, according to a study by the Indian Psychiatric Society.

Leprosy
With the decline in leprosy cases due to medical advancements, divorces on this ground are rare. The Leprosy Mission Trust India reported that less than 1% of divorces are filed due to leprosy.

Venereal Disease
Divorce due to venereal diseases, including HIV/AIDS, accounts for about 3% of cases, as per data from the National AIDS Control Organization (NACO).

Renunciation
Renunciation of the world and joining a religious order as a ground for divorce is very rare, with less than 1% of cases citing this reason.

Not Heard Alive
Divorce on the grounds of a spouse not being heard alive for seven years is uncommon, accounting for around 2% of divorce cases.

Additional Reasons and Their Statistics

Incompatibility/Irreconcilable Differences
Incompatibility is increasingly cited in urban divorces, accounting for about 25% of cases, according to a survey by the Indian Journal of Family Studies.

Miscommunication
Communication issues are cited in about 10% of divorce cases, particularly among younger couples, as per a study by the Indian Institute of Management (IIM).

Financial Problems
Financial issues contribute to around 20% of divorces, according to a report by the Reserve Bank of India (RBI).

Lack of Intimacy
A lack of intimacy is cited in approximately 15% of divorces, as per the Indian Journal of Marriage and Family.

Infidelity
Infidelity, while already mentioned under adultery, is directly cited in around 20% of divorce cases.

Addictions
Substance abuse issues, including alcohol and drugs, contribute to about 10% of divorces, based on data from the National Institute of Mental Health and Neurosciences (NIMHANS).

Domestic Abuse
Domestic abuse is a significant factor, accounting for about 25% of divorces, as reported by the National Crime Records Bureau (NCRB).

Family Issues
Interference from extended family, particularly in joint family setups, is cited in around 12% of divorce cases, according to a survey by the Centre for Social Research.

International Comparison

United States: Infidelity is cited in around 25%-30% of divorce cases, domestic abuse in about 15%-20%, and financial problems in about 30%-35%.
United Kingdom: Common grounds include unreasonable behavior (45%), adultery (15%), and financial issues (10%-15%).

Landmark cases

Lily Thomas v. Union of India (2000)

Facts of the case

• In her petition, Sushmita Ghosh claimed that she was Hinduly married to Mr. M C Ghosh in 1984
• In 1992, Mr. Ghosh filed for divorce and claimed to have converted to Islam in order to remarry Ms. Vinita Gupta, a divorced mother of two children.
• Mr. Ghosh was required to present a certificate of conversion to Islam since the Hindu Marriage Act, 1959, made no allowance for bigamy or second marriages.
• The petitioner contended that Mr. Ghosh's conversion lacked sincere faith in the new religion and was just done to get into a second marriage.

Issues involved in the case

• Whether all citizens be subject to a uniform civil code?
• Whether it is possible for a Hindu husband to convert to Islam and formally enter a second marriage?
• Whether the husband subject to section 494 of the IPC for bigamy?

Judgement of the court

• The court decided that it is dishonest and appears to be done with hidden agenda when a Hindu husband converts to Islam in order to get married again.
• These marriages violate Article 21 of the Constitution and are therefore void.
• A marriage that already exists does not end when one converts to a different religion. The court said the first marriage does not ispo facto end after second marriage takes place
• Under the applicable provisions of the Indian Penal Code, converting to Islam and entering into a second marriage when the prior marriage is still going strong may result in legal consequences.
• It is not feasible to implement a unified civil code in such situations since India does not have any rules pertaining to marriage that are based on personal laws.
• The emphasis is on making it unlawful to marry someone else by converting to Islam while still married to your first wife, as well as punishing wrongdoing under personal rules.

Amardeep Singh v. Harveen Kaur (2017)

Facts of the case

• On January 16, 2001, Amardeep Singh (Appellant) wed Harveen Kaur (Respondent).
• Two children were born to the couple in 1995 and 2003, respectively.
• Since 2008, the couple has lived apart due to arguments.
• A mutually consenting divorce settlement was reached on April 28, 2017, wherein the appellant granted perpetual alimony in the amount of Rs. 2.75 crore.
• The appellant was granted custody of the children and honoured two checks for alimony totaling Rs. 50,00,000.
• In the Tis Hazari Court's Family Court in New Delhi, the appellant filed a divorce case, requesting a ruling based on mutual consent.

Issues involved in the case

• Whether the six-month cooling-off period outlined in Hindu Marriage Act (HMA) Sec. 13-B(2) was required or if the court might waive it in specific situations.
• Whether it is permissible to waive the statutory term specified in Section 13B(2) of the Hindu Marriage Act, 1955 by using Article 142 of the Constitution.

Judgement of the court

• The court maintained the ruling in the case of Manish Goel and made it clear that Article 142's authority cannot be used in conflict with a material component of the statute, particularly in the absence of any ongoing actions aimed at waiving the statute. In order to ascertain whether Section 13-B(2) was mandatory or directory in nature, the court examined the legislative intent behind the provision. The court recognised the sacredness of marriage but also noted that judges have been more willing to waive the six-month cooling-off period if the situation calls for it and there is no chance of the parties getting back together.

How can a Lawyer help you?

Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A divorce lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.

Above mentioned grounds are for information purposes only. Consultation from a lawyer should be taken before filing a petition for divorce.