This guide breaks down all recognised grounds for divorce in India, explains their legal impact, and outlines how courts interpret them for all major marriage laws.
Introduction
Grounds for divorce in India determine whether a court will end a marriage and, if so, on what terms. In plain English, the legally accepted grounds are: adultery, cruelty, desertion, conversion, incurable mental disorder, communicable disease, renunciation, presumption of death, and irretrievable breakdown (recognised by the Supreme Court). Knowing which ground applies to your facts helps you avoid delays, protect your financial rights, and plan child‑custody or property strategies from day one. This article walks you step‑by‑step through each ground, the proof courts require, and the practical implications for both spouses.
Overview of Divorce Laws in India
Multiple personal laws govern divorce, but their recognised grounds for divorce in India largely overlap.
India has no single divorce statute. Hindus (including Sikhs, Jains, and Buddhists) follow the Hindu Marriage Act, 1955; inter‑faith couples may invoke the Special Marriage Act, 1954; and separate personal laws apply to Muslims, Christians, and Parsis. Despite this diversity, most statutes rely on similar recognised grounds such as adultery, cruelty, and desertion.
Statutory Grounds for Divorce in India under the Hindu Marriage Act, 1955
Section 13 lists 8 principal grounds for divorce in India that either spouse may invoke.
Adultery
Legal basis: Section 13(1)(i), Hindu Marriage Act 1955.
What it means: Voluntary sexual intercourse by either spouse with any person other than the lawful partner during the subsistence of the marriage.
Illustrative example: A wife produces hotel invoices and CCTV footage showing her husband spent a weekend with another woman. The court treats this as sufficient corroboration, allowing her to obtain a decree on the ground of adultery.
Key takeaway: Although criminal adultery (Section 497 IPC) was struck down in Joseph Shine v. Union of India (2018), adultery remains a recognised ground for divorce in India.
Cruelty
Legal basis: Section 13(1)(ia), HMA.
What it means: Conduct physical or mental that causes a reasonable apprehension of harm or renders cohabitation intolerable.
Illustrative example: Continuous late‑night verbal abuse and public shaming on social media drive a spouse into depression. In Vishwanath Agrawal v. Sarla Agrawal (2012), the Supreme Court held that such sustained mental agony amounts to cruelty, justifying divorce.
Key takeaway: A single grave assault may also suffice; courts weigh the severity, duration, and impact on the petitioner.
Desertion
Legal basis: Section 13(1)(ib), HMA.
What it means: Wilful abandonment of the matrimonial home without reasonable cause for an uninterrupted period of at least two years preceding the petition.
Illustrative example: A husband leaves for another city, ceases all communication, and ignores mediation notices for over two years. The wife can plead desertion even though she remained in the shared flat.
Key takeaway: “Constructive desertion” arises when one spouse’s behaviour forces the other to leave; the deserter is legally the spouse at fault.
Conversion
Legal basis: Section 13(1)(ii), HMA.
What it means: Respondent ceases to be a Hindu by embracing another religion.
Illustrative example: A wife converts to Christianity, begins practising the faith, and disavows Hindu rituals. Her husband may seek divorce immediately without proving cruelty or desertion.
Key takeaway: Mere conversion is enough; the petitioner need not show additional hardship.
Mental Disorder
Legal basis: Section 13(1)(iii), HMA.
What it means: Unsoundness of mind or mental disorder so severe that the petitioner cannot reasonably be expected to live with the respondent.
Illustrative example: Diagnosed paranoid schizophrenia leading to violent episodes and refusal of treatment, certified by government psychiatrists, enabled the spouse to secure divorce in Sharda v. Dharmpal (2003).
Key takeaway: Court demands credible medical evidence; ordinary stress or mild depression rarely meets the threshold.
Communicable Disease
Legal basis: Section 13(1)(iv), HMA (for venereal disease). Section 13(1)(v) covering leprosy was repealed in 2019.
What it means: Respondent suffers from a serious, communicable and incurable venereal disease.
Illustrative example: A spouse knowingly conceals an HIV‑positive status and transmits the virus; medical certificates prove the infection and establish the ground.
Key takeaway: Leprosy is no longer a ground post‑2019, but venereal disease remains.
Renunciation
Legal basis: Section 13(1)(vi), HMA.
What it means: Respondent has renounced the world by entering a recognised religious order.
Illustrative example: A husband formally takes sanyasa, registers with an ashram, and abandons worldly ties. The wife may petition for immediate dissolution.
Key takeaway: Requires formal, public renunciation—not casual spiritual inclination.
Presumption of Death
Legal basis: Section 13(1)(vii), HMA.
What it means: Respondent has not been heard of as alive for at least seven years by people who would naturally have heard of them.
Illustrative example: A sailor goes missing at sea in 2015; by 2023 no trace is found despite police inquiries and newspaper notices. The spouse can seek a divorce on this ground.
Key takeaway: A decree may be set aside if the “deceased” reappears; property and remarriage rights hinge on finality of the order.
Grounds for Divorce in India under the Special Marriage Act, 1954
Interfaith couples enjoy similar protections with minor procedural differences.
The Special Marriage Act mirrors the Hindu list and adds failure to comply with a decree for restitution of conjugal rights within one year as an independent ground.
Religion‑Specific Grounds for Divorce in India
Muslim, Christian, and Parsi couples rely on their own statutes, yet most grounds converge.
| Community law | Key additional grounds |
| Dissolution of Muslim Marriages Act, 1939 | Impotence; failure to provide maintenance for two years; husband’s imprisonment for seven years |
| Indian Divorce Act, 1869 (Christians) | Respondent’s change of religion; incurable leprosy for two years |
| Parsi Marriage & Divorce Act, 1936 | Grievous hurt; adultery with cruelty; bigamy within Parsi faith |
Irretrievable Breakdown of Marriage
Although not yet codified, the Supreme Court grants divorce when marriage is “dead in substance.”
Starting with Navodaya Mass Entertainment v. J.M. Combines (2004) and culminating in R. Srinivas Kumar v. R. Shametha (2023), the Court uses Article 142 to dissolve marriages beyond repair, treating irretrievable breakdown as a de facto ground.
Special Grounds Available to Women
Section 13(2) of the Hindu Marriage Act grants four gender‑specific grounds.
- Bigamy – Husband had a living wife at marriage.
- Rape, Sodomy, Bestiality – Conviction of the husband suffices.
- Child Marriage Option – Wife was married before 15 and repudiates before 18.
- Non‑Cohabitation After Maintenance Decree – Husband fails to resume within one year.
Legal Implications of Each Ground
The chosen ground influences financial relief and the burden of proof.
Alimony and Maintenance
Fault‑based findings (e.g., proven adultery) may reduce a defaulting spouse’s maintenance claim.
Child Custody
Courts prioritise the child’s welfare; cruelty or mental disorder grounds can sway custody decisions.
Property Division
While India lacks community property, findings of desertion or cruelty can affect equitable distribution.
Evidence Requirements
- Direct evidence: Photographs, CCTV, medical records.
- Circumstantial evidence: Phone logs, social media chats.
Failure to prove the pleaded ground may dismiss the petition.
Procedural Steps After Selecting a Ground
Strategy and documentation determine success in family court.
- Consultation & Ground Selection – Evaluate facts against statutory grounds.
- Drafting the Petition – Include jurisdiction, facts, relief sought, and the selected grounds for divorce in India.
- Filing & Service – Submit to the appropriate district court; serve summons.
- Mediation Stage – Courts mandate mediation under Section 9 Family Courts Act.
- Evidence & Cross‑Examination – Present documents, witnesses.
- Final Arguments & Decree – Court pronounces divorce, maintenance, custody orders.
Common Judicial Challenges
Courts interpret grounds narrowly to prevent misuse.
- Collusive Adultery Allegations – Need corroborative evidence.
- Constructive Desertion Claims – Must prove forced expulsion or mental cruelty.
- Mental Disorder Ground – Requires credible psychiatric evaluation.
- Delay in Filing – Undue delay can signal condonation of cruelty or adultery.
Frequently Asked Questions
Quick answers to recurring doubts on grounds for divorce in India.
On what grounds can a woman divorce her husband?
Under Section 13(2) of the Hindu Marriage Act a wife may seek divorce on four special grounds bigamy, rape/sodomy/bestiality conviction, repudiation of child marriage, and non‑cohabitation after a maintenance decree plus any of the general grounds for divorce in India such as cruelty or desertion that apply to both spouses.
What are the various grounds for divorce?
Indian statutes list nine principal grounds: adultery, cruelty, desertion, conversion, incurable mental disorder, communicable disease, renunciation, presumption of death, and (through Supreme Court precedent) irretrievable breakdown of marriage.
What is the No. 1 reason for divorce in India?
Data from family‑court filings show that cruelty, including mental cruelty is the most frequently cited single ground for divorce in India, reflecting both its broad definition and the difficulty of proving other faults like adultery.
What are the top reasons for divorce?
The most common grounds for divorce in India are cruelty, adultery, and desertion, followed by mutual consent (where available) and irretrievable breakdown in Supreme Court petitions.
Can I file for divorce solely on “irretrievable breakdown”?
Not under statute, but the Supreme Court may grant relief in rare, compelling cases.
What if both spouses are at fault?
Under the principle of “no greater fault,” courts may still dissolve the marriage but can adjust maintenance accordingly.
How long does a desertion ground take to mature?
A minimum of two continuous years immediately preceding the petition.
Conclusion: Choosing the Right Ground
A well‑chosen ground for divorce in India expedites proceedings and minimises future litigation.
Selecting an accurate ground is not merely procedural; it frames the entire litigation strategy, affects settlement prospects, and shapes post‑decree rights. For guidance tailored to your case, contact the divorce lawyers at ManAt Legal.
