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A BRIEF OUTLINE OF THE DIVORCE LAWS IN INDIA

• The divorce laws in India is contained in Hindu Marriage Act, 1955 and all the divorce proceedings between the Hindus are conducted in accordance with the provisions as contained under The Hindu Marriage Act, 1955. Various disputes under The Hindu Marriage Act, 1955 are as under:
• Restitution of Conjugal Rights
• Nullity of Marriage
• Judicial Separation
• Divorce
• Maintenance pendent lite and expenses for proceedings
• Permanent alimony and maintenance

THE GROUNDS OF DIVORCE

• A decree of divorce can be granted by the competent court on any of the following grounds: Voluntary sexual intercourse with any person other than his or her spouse after solemnization of the marriage.
• The petitioner has been treated with cruelty after solemnization of marriage
• The petitioner has been deserted by the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition
• The other spouse has ceased to be a Hindu by conversion to another religion
• The above four grounds are commonly referred to as adultery, cruelty, desertion and apostasy Mental Disorder
• Section 13(1)(v) with its Explanation in clauses (a) and (b) takes care of cases in which one Spouse is suffering from mental disorder and the other is coming in for divorce on that ground
• The other party has been suffering from a virulent and incurable from of leprosy. The requirement of such disease continuing for a period not less than 3 years immediately preceding the presentation of the petition has been omitted by the Marriage Laws (Amendment) Act, 68 of 1976
• The other party has been suffering form venereal disease in a communicable form. Here also the requirement of 3 years has been dispensed with the 1976 amendment The other party has renounced the world by entering any religious order
• The other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he had been alive Additional grounds on which marriage can be dissolved:
• That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
• That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.