Introduction

Divorce is the legal dissolution of a marriage by a court or other competent authority. Different jurisdictions recognize various grounds for divorce, classified as fault-based and no-fault. In India, divorce laws are primarily governed by personal laws such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Muslim Personal Law, Indian Divorce Act, 1869, and Parsi Marriage and Divorce Act, 1936. This paper examines different grounds for divorce with statutory references and case laws.

1. Fault-Based Grounds for Divorce

Fault-based divorces require proof of misconduct by one spouse. Under Section 13(1) of the Hindu Marriage Act, 1955, the following grounds are recognized:

(a) Adultery

Statutory Provision: Section 13(1)(i) of the Hindu Marriage Act, 1955.

• Adultery refers to voluntary sexual intercourse by a married person with someone other than their spouse.
• In Joseph Shine v. Union of India (2018), the Supreme Court decriminalized adultery (Section 497 IPC) but upheld it as a valid ground for divorce.
• In Subbaramma v. Saraswati (1964 AIR 1361), the court ruled that circumstantial evidence, like the birth of a child after long separation, can prove adultery.

(b) Cruelty

Statutory Provision: Section 13(1) (ia) of the Hindu Marriage Act, 1955.

• Cruelty includes physical or mental suffering inflicted by one spouse upon another.
• In Shobha Rani v. Madhukar Reddi (1988 AIR 121), the Supreme Court held that persistent abuse, harassment, or humiliation constitutes cruelty.
• In V. Bhagat v. D. Bhagat (1994 AIR 710), it was ruled that making false allegations against a spouse amounts to cruelty.

(c) Desertion

Statutory Provision: Section 13(1) (ib) of the Hindu Marriage Act, 1955.

• Desertion means abandoning a spouse without reasonable cause for at least two years before filing for divorce.
• In Bipinchandra Jaisinghbhai Shah v. Prabhavati (1957 AIR 176), the court held that desertion must be intentional and continuous.
• The burden of proof lies on the petitioner to establish that the desertion was without reasonable cause.

(d) Conversion

Statutory Provision: Section 13(1)(ii) of the Hindu Marriage Act, 1955.

• If one spouse converts to another religion and ceases to be a Hindu, the other spouse may seek divorce.
• In Suresh Babu v. Leela (AIR 2006 Ker 90), the Kerala High Court held that mere conversion without proof of acceptance of another faith does not amount to a valid ground for divorce.

(e) Mental Disorder

Statutory Provision: Section 13(1)(iii) of the Hindu Marriage Act, 1955.

• If a spouse suffers from a mental disorder that makes it impossible to live together, divorce can be sought.
• In Alka v. Abhinash (AIR 1991 MP 205), schizophrenia was considered a valid ground for divorce.
• However, the court ensures that mental illness is severe and affects marital life.

(f) Leprosy

Statutory Provision: Section 13(1)(iv) of the Hindu Marriage Act, 1955.

• Before being repealed in 2019, leprosy was a ground for divorce if the disease was virulent and incurable.

(g) Venereal Disease

Statutory Provision: Section 13(1)(v) of the Hindu Marriage Act, 1955.

• If a spouse suffers from an incurable sexually transmitted disease, the other spouse may seek divorce.
• In Kusum v. Ashok (AIR 2004 MP 169), it was held that proving the disease is crucial.

(h) Renunciation of the World

Statutory Provision: Section 13(1)(vi) of the Hindu Marriage Act, 1955.

• If a spouse renounces the world and becomes a sanyasi, the other spouse may seek divorce.

(i) Presumption of Death

Statutory Provision: Section 13(1)(vii) of the Hindu Marriage Act, 1955.

• If a spouse has not been heard of for seven years, the other spouse may seek divorce.
• In Laxmi Devi v. Ram Pratap (AIR 1988 Raj 100), the court held that proof of continuous absence is necessary.

2. No-Fault Grounds for Divorce

No-fault divorces allow separation without proving misconduct.

(a) Irretrievable Breakdown of Marriage

• Not explicitly mentioned in the Hindu Marriage Act, 1955, but recognized by courts.
• In Naveen Kohli v. Neelu Kohli (AIR 2006 SC 1675), the Supreme Court recommended the inclusion of irretrievable breakdown as a ground for divorce.
• In Samar Ghosh v. Jaya Ghosh (AIR 2007 SC 204), continuous incompatibility was considered a valid reason for divorce.

(b) Divorce by Mutual Consent

Statutory Provision: Section 13B of the Hindu Marriage Act, 1955.

• Both spouses agree to divorce and file jointly.
• A six-month cooling period exists before the final decree.
• In Amardeep Singh v. Harveen Kaur (2017 SC 10), the Supreme Court ruled that the cooling-off period can be waived if the couple has lived separately for over 18 months.

3. Special Grounds for Women

Under Section 13(2) of the Hindu Marriage Act, 1955, additional grounds for divorce are available to women:

• Bigamy: If the husband has remarried while the first wife is alive.
• Rape, Sodomy, or Bestiality: If the husband is guilty of these offenses.
• Repudiation of Child Marriage: If a woman was married before 15 and repudiates the marriage after turning 18.

4. Comparative Analysis of Grounds for Divorce in Other Personal Laws

• Muslim Law: Recognizes Talaq, Khula, and Faskh as grounds for divorce.
• Christian Law: Under the Indian Divorce Act, 1869, grounds include adultery, cruelty, desertion, and conversion.
• Parsi Law: The Parsi Marriage and Divorce Act, 1936, provides similar grounds, including non-consummation and unsound mind.

Conclusion

The legal grounds for divorce aim to balance personal freedom with social stability. While fault-based divorces require proof, no-fault divorces focus on mutual consent and irretrievable breakdown. Landmark cases like Shobha Rani v. Madhukar Reddi and Naveen Kohli v. Neelu Kohli have shaped the evolution of divorce law in India. Future legal reforms may emphasize no-fault divorces to streamline the judicial process and reduce litigation.