Grounds for Divorce and Judicial Separation under Hindu Law

Under Hindu law, both divorce and judicial separation are legal remedies available to the parties to a marriage when their relationship has irretrievably broken down.

Grounds for Divorce

1. Adultery: If either spouse has voluntary sexual intercourse with a person other than their spouse, it is considered as adultery and can be grounds for divorce.
2. Cruelty: If either spouse has treated the other spouse with cruelty, either physical or mental, that makes it impossible for the parties to live together, it can be grounds for divorce.
3. Desertion: If either spouse has deserted the other for a continuous period of at least two years immediately preceding the presentation of the petition, it can be grounds for divorce.
4. Conversion: If either spouse has ceased to be a Hindu and has converted to another religion, it can be grounds for divorce.
5. Mental Disorder: If either spouse has been suffering from a mental disorder of such a kind or to such an extent that it is impossible for the parties to live together, it can be grounds for divorce.
6. Venereal Disease: If either spouse has been suffering from a venereal disease in a communicable form, it can be grounds for divorce.
7. Renunciation of Worldly Life: If either spouse has renounced the world by entering into any religious order, it can be grounds for divorce.
8. Presumption of Death: If either spouse has not been heard of as being alive for a period of seven years or more by those who would naturally have heard of them, it can be grounds for divorce.

Grounds for Judicial Separation

1. Adultery: Just like in the case of divorce, adultery can be a ground for judicial separation as well.
2. Cruelty: If either spouse has treated the other spouse with cruelty, either physical or mental, but the parties do not want a divorce, it can be grounds for judicial separation.
3. Desertion: If either spouse has deserted the other for a continuous period of at least two years immediately preceding the presentation of the petition, it can be grounds for judicial separation.
4. Conversion: If either spouse has ceased to be a Hindu and has converted to another religion, it can be grounds for judicial separation.
5. Mental Disorder: If either spouse has been suffering from a mental disorder of such a kind or to such an extent that it is impossible for the parties to live together, it can be grounds for judicial separation.
6. Venereal Disease: If either spouse has been suffering from a venereal disease in a communicable form, it can be grounds for judicial separation.
7. Renunciation of Worldly Life: If either spouse has renounced the world by entering into any religious order, it can be grounds for judicial separation.
8. Presumption of Death: If either spouse has not been heard of as being alive for a period of seven years or more by those who would naturally have heard of them, it can be grounds for judicial separation.