What are the Reasons for Divorce in India?

A Divorce is the legal process of ending a marriage by submitting a petition to a court. Legally, it signifies the end of a marriage between both partners and the dissolution of the marital bond. It is not just a legal process that has to be completed in India; it is also a psychological and emotional one. Divorce laws and processes can differ between countries, religions, and communities.

There are several reasons for Divorce in India. Below mentioned points are some of them:

1. Adultery- One of the main causes of divorce in India is adultery, which occurs when one partner is disloyal to the other. In such circumstances, the betrayed spouse is entitled to file for divorce. They need to present the court with hard proof of the adultery if they want to prevail. The divorce will be approved if the evidence is sufficient to persuade the court that the spouse engaged in adulterous behaviour. Essentially, loyalty is important in a marriage in the eyes of the law, and its violation through adultery may be the cause for the legal dissolution of the marriage.
2. Conversation - The Hindu Marriage Act of 1955 in India recognises the conversion of one spouse to a different religion as a grounds for divorce. The non-converting spouse may file for divorce if one spouse willingly chooses to reject their previous religion in favour of a new one without the other spouse's agreement. This clause's justification stems from the significant social and personal ramifications that a change of this kind could have on marital dynamics. A change in religious convictions may result in different life perspectives, behaviours, and values, which may cause irreparable rifts between the partners and destabilise the marriage.
3. Mental Disorder - In India, a spouse's serious mental disease or failure that makes cohabitation and marital relations unbearable is referred to as a mental disorder as a reason for divorce. According to the Hindu Marriage Act of 1955, the other spouse may file for divorce if it is determined that one partner has a severe mental illness that is unbearable and seriously disrupts their capacity to lead a normal married life. The difficulties and stresses that these problems can cause for marriage, both practically and emotionally, are acknowledged by the law.
4. Communicable Disease - A communicable disease is one that can be spread from one person to another, frequently through direct or indirect contact, in the context of divorce laws, particularly in India. A communicable condition affecting one spouse, particularly one that is severe or persistent, maybe a cause for divorce. The purpose of this clause is to protect the non-affected spouse's health and stop any possible disease transmission. The underlying argument is that developing certain diseases may make cohabitation dangerous or impractical, compromising the fundamental principles of marriage. The law recognises the right of the wronged spouse to seek legal separation in such circumstances.
5. Renunciation of the World - When one spouse chooses to renounce the worldly, material life in favour of a spiritual or religious path, frequently by becoming a monk, nun, or a member of a similar religious order, this is referred to as "renunciation of the world" as a reason for divorce. They effectively renounce their marriage obligations and responsibilities by doing this. According to the Hindu Marriage Act of 1955, Indian law recognises this act of renunciation as a legitimate reason for the other spouse to file for divorce. It is predicated on the notion that the renouncing spouse can no longer complete the marital duties, leaving the marital relationship fundamentally damaged.
6. Presumption of Death - The "Presumption of Death" is one of the reasons for divorce under Indian matrimonial law. It occurs when a spouse is missing for a period of seven years or longer without being noticed by others who would have known about them. In such cases, the law assumes that the missing spouse has passed away, enabling the other spouse to file for a divorce. This clause makes sure that a person isn't perpetually obligated to a marriage when their spouse disappears and is assumed to have passed away, giving them the opportunity to move on both legally and personally.