One spouse may file for a disputed divorce if the marriage becomes intolerable but neither party is willing to end it. One side files for this kind of divorce without the other’s agreement, and it needs to be supported by legitimate legal grounds as specified by Indian law. Depending on the couple’s own laws—Hindu, Muslim, Christian, or Parsi—the precise grounds may differ somewhat. Nonetheless, the most often mentioned legal justifications are outlined in the Hindu Marriage Act, 1955.
What are some basis for it?
Inhumanity
One of the most frequent reasons for a contentious divorce is cruelty, whether it be physical or emotional. It encompasses any activity that results in pain or endangers the spouse’s life, health, or mental tranquillity, including physical assault, emotional neglect, persistent verbal abuse, and abusive behaviour. For instance, there may be legitimate reasons if one spouse regularly mistreats or degrades the other or acts in a way that compromises their well-being or dignity.
Infidelity
Adultery occurs when a spouse has sex with someone else outside of their marriage. The Supreme Court decriminalised adultery in 2018, despite the fact that it was previously considered a criminal offence. However, it remains a valid civil ground for divorce. Photographs, witness statements, hotel reservations, and texts can all be used as evidence of adultery.
Isolation
A spouse may petition for divorce if the other spouse leaves them without a good reason and won’t come back. The law states clearly that the desertion must have continued for a minimum of two years before the petition was filed. Desertion can be emotional (not doing marital chores) or physical (leaving the house).
Religious Conversion
Divorce may result if one spouse changes their faith without the other’s approval. For example, if a Hindu changes to Islam or Christianity, the other spouse may petition for a contentious divorce.
Mental Illness
Divorce may be warranted if one spouse has a severe mental disease or psychiatric problem that prevents them from cohabitating. The illness must be so serious that it interferes with the marriage or be incurable.
Irreversible Illness
Certain communicable disorders, such as leprosy, may be recognised by the law as legitimate grounds if they are demonstrated to be incurable. The illness needs to be severe and supported by medical records.
The Giving Up of the World
One spouse may file for divorce if the other renounces the material world by becoming a monk or sanyasi and giving up all material obligations.
Death Assumption
A spouse may be presumed dead by the court if they have been gone for at least seven years and there is no evidence that they are still alive despite searches. After then, the other spouse can file for divorce.
Conclusion: Divorces that are contested need a solid legal foundation; they are not only emotional choices. Valid and verified grounds are required since the Indian legal system makes sure that marriages are not dissolved arbitrarily. If you are pursuing a formal separation without mutual consent due to a bad marriage, speaking with a family lawyer can help you understand your choices, gather proof, and move forward successfully.