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Grounds for divorce

Posted on April 21, 2016 by Vincent Augustine D'Souza

In India different laws govern marriage and divorce. There is Special Marriage Act. There is Hindu Marriage Act. There is Indian Divorce Act which deals with Christian divorce. There is Anand Marriage Act 1909 which deals with Sikhs. There is The Parsi Marriage and Divorce Act, 1936. There is The Dissolution of Muslim Marriage Act. There is The Foreign Marriage Act, 1969. I do not know how Jews are covered. Buddhists and Jains come under Hindu Marriage Act.
India should have a uniform law regarding marriage and divorce. Grounds for divorce shall be following:
1) Adultery or any extra-marital sex or demand for sex against the order of nature.
2) Alcoholism or drunkenness
3) Beating, kicking, punching, slapping. Husbands who are victims also can use this ground.
4) Change of religion
5) Corruption
6) Cruelty
7) Desertion
8) Drug addiction
9) Drug peddling or trafficking
10) Fraud
11) Human trafficking
12) Gambling
13) Smoking
14) Illegal activity
15) Impersonation
16) Incompatibility
17) Incurable communicable disease
18) Irreconcilable differences
19) Irretrievable breakdown
20) Match-fixing, session-fixing, spot-fixing, toss-fixing.
21) Murder, abetment to murder, attempted murder, conspiracy to murder, false claim to have committed murder in order to mislead police and judiciary and/or to debunk and discredit death penalty, threat to murder, abduction, acid throwing, threat to throw acid, banditry, character assassination, highway robbery, hijacking, kidnapping, rape, double rape, repeat rape, gang rape, revenge porn, hoax call or message about bomb in building, plane, train, ship, bus or any other vehicle, transmission and/or uploading of nude pictures to cause damage to someone or any such high crime.
22) Smuggling of arms and ammunitions
23) Swindling
24) Terrorism
25) Tobacco consumption
26) Violence
Some grounds are part of the law. I have not included mutual consent. Couples can use incompatibility.

2 thoughts on “Grounds for divorce”

  1. Yash Kumar says:
    April 21, 2016 at 9:20 am

    Hi Vincent,

    Informative post.

    Reply
  2. Rajeev Moothedath says:
    April 21, 2016 at 12:36 pm

    Interesting that you have included ‘smoking’in the list…

    Reply

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