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Grounds for Divorce:

It is important to bear an understanding of the applicable law:

a. Indian Divorce Act 1869 governs the divorce procedure for Christians.

b. Hindu Marriage Act 1955 for Hindu, Jain, Buddhist and Sikhs.

c. Parsi Marriage and Divorce Act 1936 is followed for Divorce Procedure in Parsi couples.

d. Procedure and Grounds for Divorce under the Dissolution of Muslim Marriage Act, 1939 are taken into account for Muslim couples.


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Section 13 of the Hindu Marriage Act provides for the grounds on which divorce can be filed. A Decree of divorce can be
obtained on the following grounds:

a. Where the spouse of a marriage has or had a voluntary sexual intercourse with someone other than his/her spouse after solemnization of his/her marriage.

b. Where any of the spouses has treated his/her spouse with cruelty after solemnization of the marriage.

c. Where the spouse has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of the petition.

d. Where the spouse has ceased to be a Hindu by conversion to another religion.

e. Where the spouse has been suffering from some venereal disease in a communicable form.

f. Where the spouse has renounced the world by entering a religious order.

g. Where the spouse has not been heard alive for last 7 years or more by persons who have naturally heard him to be alive.


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