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
- 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.
- 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.
- 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.
- Conversion: If either spouse has ceased to be a Hindu and has converted to another religion, it can be grounds for divorce.
- 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.
- Venereal Disease: If either spouse has been suffering from a venereal disease in a communicable form, it can be grounds for divorce.
- Renunciation of Worldly Life: If either spouse has renounced the world by entering into any religious order, it can be grounds for divorce.
- 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
- Adultery: Just like in the case of divorce, adultery can be a ground for judicial separation as well.
- 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.
- 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.
- Conversion: If either spouse has ceased to be a Hindu and has converted to another religion, it can be grounds for judicial separation.
- 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.
- Venereal Disease: If either spouse has been suffering from a venereal disease in a communicable form, it can be grounds for judicial separation.
- Renunciation of Worldly Life: If either spouse has renounced the world by entering into any religious order, it can be grounds for judicial separation.
- 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.