Rape and Desertion as Grounds for Divorce

There are several grounds for obtaining divorce under the Indian Divorce Act, 1869.  Conversion to another religion by one spouse is a valid ground for divorce. So is insanity, schizophrenia, venereal disease, cruelty and adultery. Here are some more interesting questions about other grounds for divorce.

Can a husband be held guilty of raping his wife?

Rape is a ground for divorce under Indian divorce laws.  The Indian Penal Code defines the term 'rape' under Section 375.  It states that rape is committed when a man has sexual intercourse with a woman against her will, without her consent or with her consent when that consent is obtained by wrongful means such as if she is drunk, of unsound mind or she is made to believe that she or someone dear to her is in danger or in fear of death and when the man who does this is not her husband.

Where a man has sexual intercourse with his own wife who is not under fifteen years of age, it cannot be deemed to be rape but if he does this against her will during a period of judicial separation, it amounts to rape.

If the wife refuses to live with her husband and her in-laws, can the husband be divorced on ground of desertion?

No, the husband cannot be found guilty of desertion. When circumstances are difficult and the separation between the husband and wife happens due to stress, the husband cannot be guilty of desertion. Desertion takes place when the husband abandons the wife or compels her to leave her matrimonial home without her consent. It means total cessation of co-habitation between husband and wife. However, co-habitation does not mean that the daily and nightly relationship that binds a husband and wife to each other. It includes every aspect of their living in togetherness.

The following instances also amount to desertion as a ground for divorce:

• When a husband brings a concubine to live with him in the house where his wife lives, making it impossible for his wife to stay on in the house and she is forced to leave.
• When a husband refuses to resume co-habitation with his wife who had once been admitted to a lunatic asylum and has come back home after recovery.
• If a husband refuses to co-habit with the wife and secludes himself completely from her presence and lives separately from her in the same house.