Grounds for Divorce under The Hindu Marriage Act, 


High Court advises Family Courts to ascertain with due diligence ...

Grounds of Divorce as per The Hindu Marriage Act

Adultery

The concept of Adultery may not be considered as an offence. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. 

Cruelty

The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person. 

Desertion

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage

Conversion

If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.

Leprosy

Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce.

Venereal Disease

Under this concept, if the disease is in communicable form and it can be transmitted to the other spouse, then this can be considered as the valid ground 

Presumption of Death

In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.
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