In India, a contested divorce occurs when one spouse files for divorce without the other’s consent, and the process requires proving specific legal grounds as per the relevant personal laws. The grounds vary across different religions and secular laws, but they generally include issues like cruelty, adultery, desertion, and mental disorders. Below is a detailed explanation of the grounds accepted for a contested divorce in India:
1. Grounds Under the Hindu Marriage Act, 1955
Applicable to Hindus, Buddhists, Sikhs, and Jains. The grounds for contested divorce under Section 13 are:
1.1 Adultery
- Engaging in a consensual sexual relationship with someone other than the spouse.
- Adultery is no longer a criminal offense after the Supreme Court’s judgment in 2018, but it remains a valid ground for divorce.
1.2 Cruelty
- Physical or mental cruelty that makes it impossible to continue the marital relationship.
- Examples include domestic violence, verbal abuse, false allegations, or denial of conjugal rights.
1.3 Desertion
- Abandonment of one spouse by the other for at least two years without a valid reason or consent.
1.4 Conversion to Another Religion
- If a spouse converts to a religion other than Hinduism, it is a valid ground for divorce.
1.5 Mental Disorder
- A spouse suffering from incurable mental illness or insanity, making marital life difficult.
1.6 Leprosy
- Chronic and incurable leprosy is a valid ground for divorce (applicable before the Repealing Act, 2019).
1.7 Venereal Disease
- If a spouse suffers from a communicable venereal disease in a serious form.
1.8 Renunciation of the World
- If one spouse renounces worldly life and becomes a hermit or ascetic.
1.9 Presumption of Death
- If a spouse has not been heard from for at least seven years, they can be presumed dead, and divorce can be sought.
1.10 No Resumption of Cohabitation
- Failure to resume cohabitation for one year or more after a judicial separation decree.
2. Grounds Under the Special Marriage Act, 1954
This Act governs interfaith and civil marriages. The grounds for divorce are similar to those under the Hindu Marriage Act, including cruelty, adultery, desertion, and mental disorders.
3. Grounds Under Muslim Personal Law
For Muslims, divorce is governed by Sharia law and the Dissolution of Muslim Marriages Act, 1939. Grounds for divorce include:
3.1 Adultery
- A wife can seek divorce if her husband engages in adultery or marries multiple women, causing hardship.
3.2 Failure to Maintain
- Non-payment of maintenance for at least two years.
3.3 Desertion
- Desertion without reasonable cause for four years.
3.4 Cruelty
- Physical or emotional abuse, forced immoral acts, or refusal to treat a wife with equality.
3.5 Impotence or Inability to Consummate Marriage
- If the husband is impotent, the wife can seek divorce.
3.6 Absence of Husband
- If the husband is missing for seven years or more, the wife can file for divorce.
3.7 Repudiation of Marriage (Khula)
- A wife married before the age of 15 can repudiate the marriage upon attaining 18, provided the marriage was not consummated.
4. Grounds Under Christian Law
The Indian Divorce Act, 1869, governs divorce among Christians. Grounds include:
4.1 Adultery
- Engaging in extramarital sexual relations.
4.2 Cruelty
- Physical or mental cruelty that endangers life or health.
4.3 Desertion
- Desertion for two years or more.
4.4 Conversion to Another Religion
- When a spouse ceases to be a Christian.
4.5 Impotency
- If the marriage cannot be consummated due to one spouse’s impotence.
4.6 Bigamy
- A spouse marrying another person while the first marriage subsists.
5. Grounds Under Parsi Marriage and Divorce Act, 1936
For Parsis, the following are grounds for divorce:
5.1 Adultery
- A spouse engaging in an extramarital affair.
5.2 Cruelty
- Physical or mental cruelty.
5.3 Desertion
- Desertion for at least two years.
5.4 Unsoundness of Mind
- If a spouse is incurably insane or suffers from a severe mental disorder.
5.5 Infectious Diseases
- Spouse suffering from venereal disease or leprosy.
5.6 Non-consummation of Marriage
- Willful refusal to consummate the marriage.
5.7 Imprisonment
- If a spouse is sentenced to imprisonment for seven years or more.
5.8 Bigamy
- A spouse marrying someone else while the first marriage subsists.
6. Other Relevant Grounds
- Fraud or Misrepresentation: When a marriage is entered into based on deceit regarding critical matters like identity, health, or intentions.
- Force or Coercion: A marriage performed under duress or coercion can be contested and annulled.
Role of Evidence in Contested Divorce
Proving a ground for contested divorce requires substantial evidence, such as:
- Documentary Evidence: Text messages, emails, medical reports, or proof of income.
- Witness Testimony: Statements from friends, family, or others who can corroborate claims.
- Expert Opinions: Psychologists or medical professionals in cases involving mental disorders or cruelty.
Conclusion
Contested divorce in India is based on grounds recognized under various personal laws, including cruelty, adultery, desertion, and mental disorders. Each ground requires substantial evidence and compliance with legal procedures. Consulting a lawyer to understand the specifics of the applicable law ensures proper representation in court and safeguards the rights of the aggrieved party.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304