What are the grounds of divorce under the Hindu Marriage Act?
1. What is classed as unreasonable behavior as a ground of divorce?
Persistent demand of separation:- Cruelty by wife—Persistent effort of wife to constrain husband to be separated from family— Constitutes an Act of ―cruelty—Husband entitled to decree of divorce as observed by Honorable Court in Narendra V. K. Meena, AIR 2016 SC 4599 .
2. What is treated as cruelty, as a ground of divorce by Divorce Lawyers in Chandigarh?
Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 10 of the Act.
Verbal Abuses are a ground of divorce
Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.
If acts subsequent to the filing of the divorce petition can be looked into to infer condonation of the aberrations, acts subsequent to the filing of the petition can be taken note of to show a pattern in the behaviour and conduct as observed by Honorable Court in Jayachandra vs Aneel Kaur (2005) 2 SCC 22
Disappointment and frustration are one of the grounds ground of divorce
The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.
Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty as observed by Honorable Court in Dr. (Mrs.) Malathi Ravi, M.D. Versus Dr. B.V. Ravi, M.D. CIVIL APPEAL NO.5862 OF 2014 (Arising out of S.L.P. (C) No. 17 of 2010)
Apprehension of bodily injury is a ground of divorce
Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury, suffering or to have injured health.
Physical or mental cruelty is one of the grounds of divorce
Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other. “Cruelty”, therefore, postulates a treatment of the Petitioner with such cruelty as to cause a reasonable apprehension in his or her mind that it would be harmful or injurious for the Petitioner to live with the other party.
Cruelty, however, has to be distinguished from the ordinary wear and tear of family life. It cannot be decided on the basis of the sensitivity of the Petitioner and has to be adjudged on the basis of the course of conduct which would, in general, be dangerous for a spouse to live with the other as observed by Honorable Court in Savitri Pandey vs Prem Chandra Pandey (2002) 2 SCC 73
Dead Marriage
Wife refusing to participate in proceeding for divorce – Forcing the husband to stay in a dead marriage – Itself constitutes mental cruelty – No point in compelling parties to live together in matrimony as observed by Honorable Court in Sukhendu Das V. Rita Mukherjee 2017 (8) Supreme 33
3. What is treated as an Adultery, as one of grounds of divorce?
If a spouse is found in extra marital affair and caught in a hotel or while doing sexual intercourse with an opposite sex. Adultery is a ground of divorce under the Hindu Marriage Act. To use it as one of the grounds of divorce, a copy of the DDR is required to be submitted along with the Plaint.
What is treated as desertion, as one of grounds of divorce ?
If a spouse is living separately for more than two years and spouse has filed the case of divorce after an expiry of two years.
Grounds of Divorce – Cruelty, Adultery & Desertion (FAQs)
Q1. Can repeatedly checking my mobile phone and emails without permission amount to mental cruelty?
Answer:
Yes, if a spouse habitually invades your privacy by checking your mobile phone, emails, bank statements, or social media accounts without consent, and this conduct creates humiliation, suspicion, or emotional distress, the court may consider it a form of mental cruelty. A single incident may not be sufficient, but continuous surveillance affecting marital peace can support a divorce petition. The court examines the overall conduct rather than one isolated act to declare it as one of the grounds of divorce.
Q2. Is forcing a spouse to resign from his or her job considered cruelty?
Answer:
It can be. If one spouse continuously pressures or threatens the other to leave employment without any reasonable justification, thereby affecting financial independence and self-respect, the conduct may amount to mental cruelty. Courts consider whether such pressure was oppressive and whether it caused serious emotional or financial hardship to declare it as one of the grounds of divorce.
Q3. Can refusing to introduce a spouse as husband or wife in public amount to cruelty?
Answer:
Yes. Consistently denying the marital relationship before relatives, colleagues, or society can damage the dignity and reputation of the other spouse. If such conduct continues over time and causes humiliation, courts may consider it mental cruelty depending upon the surrounding circumstances.
Q4. Is deliberately refusing to celebrate family occasions with the spouse a ground for divorce?
Answer:
Merely missing one or two family events is not cruelty. However, persistently boycotting family functions, anniversaries, festivals, or important ceremonies with the intention of emotionally isolating the spouse may contribute to a finding of mental cruelty when viewed along with other hostile behaviour.
Q5. Can secretly recording conversations of my spouse amount to cruelty?
Answer:
Secretly recording private conversations on a regular basis to monitor or harass a spouse may constitute mental cruelty. Courts generally consider whether the recordings were made for genuine legal protection or simply to create fear, mistrust, and humiliation within the marriage. It is one of the grounds of divorce.
Q6. Can making children dislike the other parent become a ground for divorce?
Answer:
Yes. Deliberately poisoning the minds of children against the other parent, encouraging disrespect, or preventing a healthy parent-child relationship may amount to mental cruelty. Such conduct can also influence child custody decisions because courts place paramount importance on the welfare of the child.
Q7. Can a spouse claim divorce if the other repeatedly threatens to leave the marriage but never actually does?
Answer:
Repeated threats of divorce, suicide, or permanently leaving the matrimonial home merely to emotionally control or intimidate the other spouse may amount to mental cruelty if they create constant fear, insecurity, or psychological trauma. The court evaluates the seriousness and frequency of such threats to declare it as one of the grounds of divorce.
Q8. Is refusing to disclose income and financial assets to a spouse cruelty?
Answer:
Simply maintaining separate finances is not cruelty. However, intentionally concealing income, assets, investments, or debts to financially dominate or harass the other spouse may support allegations of mental cruelty, particularly where financial transparency is necessary for family welfare or maintenance proceedings.
Q9. Can deliberately preventing a spouse from meeting ageing parents amount to cruelty?
Answer:
Yes. Unreasonably stopping a spouse from visiting sick or elderly parents or emotionally blackmailing them into severing family ties may amount to mental cruelty if the conduct is continuous and causes serious emotional suffering. Courts assess whether there was any genuine reason for such restrictions to declare it as one of the grounds of divorce.
Q10. Can repeated false allegations that a spouse is mentally unstable become a ground for divorce?
Answer:
Yes. Recklessly branding a spouse as mentally ill or psychologically unstable without medical evidence, particularly before relatives, employers, or courts, can seriously damage reputation and dignity. False allegations of mental illness have repeatedly been recognised by courts as instances of mental cruelty and one of the grounds of divorcewhere they are malicious and unsupported by evidence.
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