10 Legitimate Reasons for filing a Divorce Petition

Marriages require a great amount of commitment to be successful but every now and then there arises conflicts when one thinks that parting ways is best for both involved.

Divorce is a process that puts an end to the whole marital relations in a legitimate manner. But are you aware of the grounds on which a divorce petition can be filed??

So here are all the grounds on which a petition for a divorce can be filed as per the Hindu Marriage Act, 1955.

1. Adultery- The act of being involved in any kind of sexual relationship including intercourse outside marriage is termed as adultery.
2. Cruelty — A spouse can file a divorce case when he/she is subjected to any kind of mental and physical cruelty. Cruelty means injury or threat of injury that causes danger to life, limb and health.
3. Desertion — If one of the spouses voluntarily leaves his/her partner for a minimum period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
4. Conversion — Where either of the spouse converts himself/herself into another religion, the other spouse can file a divorce petition based on this ground.
5. Mental Disorder — If the spouse of the petitioner suffers from incurable mental disorder or insanity, it can become a ground for filing a divorce.
6. Leprosy — In case of a virulent and incurable form of leprosy, a petition can be filed by the other spouse based on this ground.
7. Venereal Disease — If one of the spouses is suffering from some serious venereal disease which is communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.
8. Renunciation — A spouse is entitled to file for a divorce if the other renounces the world completely affairs by embracing a religious order.
9. Not Heard Alive — If a person is heard alive of by those who are expected to be heard of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse need not file for a divorce if he/she is interested in remarriage.
10. No Resumption of Co-habitation — It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

There are few grounds on which ONLY A WIFE can file for a divorce. These are-

1. If the husband has indulged in rape, bestiality or sodomy.
2. If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
3. If the girl was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
4. If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

This article has been authored by Ayushi Sharma, Founding Intern at LegalNow.