Hindu Marriage Act

Under the Hindu Marriage Act of 1955, you can file a petition for divorce against your spouse, for dissolving the marriage under any of the following grounds:

• Adultery

Your spouse had a voluntary sexual relationship, including intercourse with any other person.

• Cruelty

Treating the petitioner with cruelty, both mental and physical.

• Desertion

In case your spouse deserted you for a continuous period of minimum two years.

• Conversion

Your hubby has ceased to be a Hindu by converting to any other religion.

• Mental Disorder

Your hubby has been suffering intermittently and continuously from a mental disorder and therefore cannot be expected to live with.

• Leprosy

The spouse suffers from virulent and incurable form of leprosy.

• Venereal Disease

The spouse is suffering from any venereal diseases in a communicable form. That is, any sexually transmitted disease such as AIDS etc.

• Renunciation

Your spouse has renounced the world for any religious order.

• Not Heard Alive

Your spouse has not been heard as alive for about a period of seven years or more.

• No Resumption of Co-habitation

There is no resumption of co-habitation between spouses for a period of one year or more after passing of a decree for judicial separation.

• No Restoration of Marital Rights

There is no restitution of conjugal rights between spouses for a period of one year or more after passing of a decree for restitution of conjugal rights.

In addition to the above, following are the grounds available only to a wife to claim a divorce from her husband:

• If a husband is guilty of rape, sodomy or bestiality.
• If marriage was solemnised before the commencement of the Hindu Marriage Act and the husband had married again before such commencement to some other person, and that person is alive at the time of the marriage and also at the time of filing a divorce petition.
• If marriage is solemnized before a wife attains 15 years and renounces the marriage before attaining the age of 18, irrespective of the fact whether that marriage was consummated or not.
• That since the passing of judgment awarding maintenance to the wife, there is no co-habitation between the parties for one year or more.

Mutual Consent

You and your spouse can file a joint petition before the court for obtaining a divorce by mutual consent. The petition must be submitted with the following proof:

1. Both parties to the marriage have been living separately for more than one year.

2. Have not been able to live together.

3. Have mutually agreed to seek a divorce.