COMMON GROUNDS FOR DIVORCE IN INDIA

Hello friends, today we shall discuss the common grounds on which the parties in marriage (registered under Hindu Marriage Act), who are willing to part ways, can resort to. In settled judgement it is already said that institution of marriage requires tolerance, cooperation and sacrifice among both of them. However in current times, due to difference of opinions people tend to part ways with each other for a better and peaceful life.

 

Common Grounds for divorce

• Cruelty 
• Adultery
• Desertion 
• Unsoundness of mind 

CRUELTY

As per law no party can take advantage of the other. Most cases in India filed in courts are alleged to be arising from cruelty. Now what amounts to cruelty in one case may not amount to the same in the other. It depends upon set of circumstances varying from case to case. Thus no specific defination of the term cruelty can be made out. Although this defination covers both physical as well as mental cruelty.

Cruelty is to be distinguished from ordinary wear and tear of marriages. It is only made out when the circumstances are more serious and grave. Like where a spouse merely out of suspicion accuses that there is illicit relation of other spouse which ultimately comes out to be false, amounts to crulety. When wife is forced to do abortion without her consent amounts to cruelty, and also where a wife without knowledge of the husband commit abortion, then it amounts to cruelty against husband. Therefore, cruelty is not mere physical beatings or torture, it even covers various acts leading to the mental harassment as well. Also cases where husband takes loans in name of wife and not able to pay the loan causing harassment to wife held to be cruelty in one case. Further, cases where wife makes false alleagtions against the husband and his family members also amounts cruelty. Moreover, absence of mutual respect among couples leading to further disputes also amounts to cruelty. Acts amounting to cruelty must be of reccuring nature and proximity in time, thus raising a ground existed at time of marriage after resinding for many years together having kids as well do not amount to cruelty. Drinking per se is not cruelty but committing acts coupled with the same like beating etc leads to cruelty. Vague and general allegations do not amount to cruelty like occasional outburst, used of offensive words once in while, like wife attending late night parties, husband not allowing wife to go to her parents house quite often, wife not making good dishes, etc. These are only some of the examples as mental cruelty cannot be defined by a straight jacket formula and is amenable to change depending upon the time.

ADULTERY

It is not used alone as a ground for dissolution of marriage. However, the section in the act post amendment, even a solitary instance of sexual intercourse with anyone other than spouse leads to adultery. Mere allegation is not enough, but since it is a secret affair, thus direct evidence is difficult and even not required. Therefore, proving beyond doubt with help of circumstancial and other presumptive proofs can be helful in proving adultery. Hence general rule is that the circumstances must be such as to prove the case beyond doubt. Eg birth of child where husband was not in access to the wife during the period of conception and thereafter may amount to adultary. Also when father /husband refuses to go a DNA test, then he shall not have right to challenge.

 

DESERTION 

Refers to giving up or abandonment. It do not merely mean spearation by leaving the home, but even staying together but wilfully ignoring the marital obligations lead to desertion. Mere refusal of cohabitation on habitual reasons like anger etc do not lead to desertion. Mere leaving the matrimonial home without intention to bring an end to marriage do not amount to desertion. E.g one spouse living away in different place for purpose of job. Wife goes to parents house for delivery but post that husband neglects and do not even go and see the child, in such case wife has a just cause to live separate and so husband cannot plead desertion.  Salient features must be present to constitute desertion:-

• There shall be a pactum(informal agreement) of seperation 
• Period of 2 years or more. 
• Intention to part ways 
• Marriage should have been earlier consumated for desertion

UNSOUNDNESS OF MIND 

The unsoundness should be incurable for using this as a ground for divorce. Mental disorder must be of such degree which cannot take forward the institution of marriage. The burden of proof is upon the spouse who is claiming this ground. A person who can understand his affairs is not unsoundness of mind. In a case where the defendant denied illness and refused to get it tested, it was taken as a valid ground. Court has the power to order a particular person to go for a test which will not offend his/her fundamental right. But even if that spouse refuses court can take adverse inference.

Conclusion 

These were the common grounds upon which the aggrieved spouse can recourse to court of law. For any query, please write down in the comments section.