Ground for Divorce

Under law statutes for Indian marriages, a spouse can file for divorce on the ground of cruelty by the other spouse. It must be noted that the concept of cruelty has not been rightly defined as per the existing laws. However, today, cruelty is not interpreted in the same manner as it was some decades ago.

For instance,

• Under the old English law, a husband could resort to beating the wife so as to correct her as stated by Blackstone.
• According to Manu, who is believed to be the Hindu law giver, a husband should only beat his wife using a split bamboo or a rope to ensure that her bones remain intact in the process.

Matrimonial Indian laws hold firm views on considering physical diseases as valid grounds for divorce. After all, it is not practical to consider every physical ailment as a ground for the dissolution of a marriage. For the same reason, Indian laws on divorce entitle either parties to file for matrimonial relief only in case the spouse is suffering from leprosy or a venereal disease.

A major obstacle to effective administration and implementation of laws in India is delay. It is a known fact that courts in India are struggling hard to clear its backlog of pending cases, which may date as far as two or three decades ago. To prevent late filing for marriage reliefs, the matrimonial law statutes in India provide ‘limitations’ to file and dispute a case before the court. As laypersons, late filing for matrimonial reliefs is not taken seriously. In fact, we don't realize the importance of filing on time but with this discussion, this will change for your own benefit.

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.

Cruelty is a ground for divorce in a Hindu marriage. Initially, it was a valid ground only for judicial separation and not for divorce but now that has changed. Violent behavior is a prime reason that constitutes cruelty but courts in India interpret it with wider connotation. It goes beyond physical violence, wife beating or causing bodily hurt or danger to the person who is the victim.

Interestingly, the Hindu Marriage Act does not define ‘cruelty’ but it is understood that causing danger to life, limb or health or even a reasonable apprehension of injury amounts to cruelty.

A Hindu marriage is considered as a sacrament, one that is solemnized by the chanting of sacred mantras and the ceremony of the saptapadi, which means taking seven steps together around the sacrificial fire. The concept of divorce is not part of traditional Hindu perspective on marriage but nevertheless, divorce is attainable under Hindu law.

The Parsi Marriage and Divorce Act, 1936 governs all Parsi matrimonial relations in India, except those in the territories of Jammu and Kashmir. This Act encompasses dissolution of a marriage between two Parsis or followers of Zoroastrianism. The scope of certain provisions of the Act has been enlarged to align them with some terms of the Hindu Marriage Act, 1955.

In many Bollywood flicks, we have seen portions from courtroom drama where a woman is falsely implicated and established as ‘mentally unsound’ in a court of law. Those scenes where a woman is ruthlessly grilled with very confusing questions are not limited to reel life. At times, it happens in real life too. There is a good reason why this happens. A sound mental condition is a pre-requisite for a valid marriage under Indian laws.