Grounds

Hindu Marriage Act, 1955

  • Adultery
  • Cruelty.
  • Desertion
  • Conversion to another religion
  • Unsound mind or mental disorder includes schizophrenia
  • Has been suffering from virulent and incurable form of leprosy
  • Has been suffering from venereal disease
  • Renounced the world
  • Has not been heard of as being alive for a period of seven years or more.
  • Also there are other grounds on which the wife can file for divorce.

Muslim Marriage act, 1939

  • Where about of the husband have not been known for the period of four years
  • Husband has neglected or failed to provide her maintenance for a period of two years.
  • Husband has been under imprisonment for seven or more years.
  • Husband has failed to perform without reasonable cause his marital obligation for a period of 3 years
  • Husband was impotent at the time of marriage and continues to be so.
  • Husband was impotent at the time of marriage and continues to be so
  • Husband has been insane for a period of two years or is suffering from leprosy
  • Girl is married before fifteen and decides to end the relationship before she turns eighteen.
  • Husband indulges in acts of cruelty.

Indian Divorce Act, 1869

  • Adultery
  • Conversion to another religion
  • Either of the spouses of unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
  • Has not being heard of as being alive for a period of seven years or more.
  • Has willfully refused to consummate the marriage.
  • Has failed to comply with the decree for restitution of conjugal rights for a period of two years or upwards.
  • Cruelty.
  • Desertion
  • Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

Parsi Marriage and Divorce Act, 1936

  • Cruelty
  • Imprisonment for seven years or more
  • Desertion for two or more years
  • Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.
  • Suffering from venereal disease or forcing the wife into prostitution.
  • Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.
  • Continuous absence of seven years
  • Non-consummation of marriage within one year
  • Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
  • Non resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce.