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Divorce Laws in India


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Divorce remarks the end of marriage. Divorce in common language means the termination of marriage by the legal formalities. Sometimes a small fight could become a big issue. And then the big issue could result in a divorce. Divorce can be bad for the development of a child, as they will fail to get love and care from both the parents.

Sorting things is better instead of getting divorced. Divorce would ruin the marriage life forever. At the same time it is also difficult for children to cope with separation of their parents. But here the blame should not be put on one. Both the people involved in marriage are equally responsible. However, there are ample of reasons for people to get divorced. You can not have only one single reason. Sometimes there are more then one reasons, why people want to stay away from each other.

Like people in different religions get married differently, the same way divorce laws are also different. Though divorce laws are different in different religions and countries, their procedures, terms and regulations also have a vast difference. In the western countries, there are 16 discrete grounds on basis of which divorce is granted, but in India the terms are not the same as in western countries.

Divorce laws

In India, divorce is given on most of the common, but severe problems. The backgrounds on which divorce is granted are as follows:

  • Infidelity - having an affair

    Infidelity refers to disloyalty shown by you or your spouse. It means breaking of the rules and regulations that were mutual decided at the time of marriage. Infidelity can be on emotional basis or physical basis. However, most of the time it is done only for sex. It ruins the trust and faith in the relationship.

    Most of the men and women get into infidelity when they are sexually attracted to someone. When the other partner notices that their spouse is has betrayed them, they can ask for divorce. Men generally cheat on their wives when their desire for sex is not fulfilled completely.

  • Brutality - abusing or acting cruel

    Brutality can also be a cause of divorce. It can be physical or sexual abuse, abuse done by husband himself or by mother-in-laws or by father-in-laws. In villages, the rate of such abuses is very high. Often because of this physical abuse the females in the house commit suicide.

    Instead of committing suicide, asking for divorce is a better option. Today, people are even experiencing drug and alcohol abuse. Virtual abuse, which is in form of bad words and foul language, can also apply and get a divorce granted as specified by the divorce laws.

  • Abandonment - neglecting the spouse

    A person needs to give equal time to personal and professional life. In case, you find that your spouse in neglecting you in some way or the other then you can file a case against him. This neglecting could be when he or she is having an affair or when he or she does not want to spend time with you.

  • Disease - any form of chronic disease

    If your spouse is having a disease which is incurable then you can apply for divorce. Divorce is granted on both physical and mental illnesses. If the disease is sexually transmitted then also a person can be granted a divorce. But not many religions grant a divorce on these grounds.

    In Christians and Parsis, this rule of getting divorce on sexually transmitted disease is not allowed. However, if there are no surviving chances of your spouse then you may get a divorce.

  • Impotency - not capable with sex

    Impotency mainly refers to the inability of the person to get erection in order to have an intercourse. However, impotency is no where related to the age or religion of a person. There are different reasons for a person to be an impotent.

    It may be due to overdose of alcohol and tobacco, mental and physical stress and many more. When a person is incapable to satisfy his partner or if he or she is constantly refusing his or her partner to have sex then he or she can apply for a divorce.
Love of parents is an essential part of family life for children. The roots of every marriage need to be strong. However, in case of a valid reason one can always get a divorce. But disloyalty, neglecting and keeping an eye on someone else can definitely be avoided. This might lessen the cases of divorce not only in India but also in other countries.

Hence, being understanding, not fighting and showing love and care for each other will not only maintain the relationship but will also help you to keep it strong. Avoiding divorce will also benefits your child as separation of parents may lead to lot of inconvenience in child's life.


Do you think a person should take a divorce? Which are the other reasons for getting a divorce? Is it necessary for a person to take a divorce? To share your experiences, views, and tips, click here.




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Name: anaya
City:   meerut
Comments:   Hi i m anaya i got married in dec 2015 nd i m pregnant my husband always listen to his parents nd especially his married sister everythng which is discussed in our family is first told to his sister and she interfares a lot nd my husband always do meri bhain meri bhain i want divorce because i m so much fed up of all this that i cant bear it anymore

Name: RAINA
City:   GHAZIABAD
Comments:   I am married for 16 yrs and having 2 daughters (16 yrs and 10 yrs). My husband is a drunkard and has not been working for almost 13 yrs. I do job in private concern. My husband does not concern with any of his responsibility related to kids, home and me. He abuses me a lot by calling me prostitute since I am a working woman, he abuses my family even to my late father, he gets some money from government, which he never spends on us. I had lost one of my kidney due to some ailment and lack of proper treatment, presently suffering with high blood pressure which cud be very fatal for me. We have some property related to my finl who is alive. I cud not leave my husband because of the security concern of my daughters and I am not highly paid. I seriously want to leave my alcoholic husband but do not want to step out from the house because there is no one to take care of my kids (even after my demise). Please suggest me what to do legally.

Name: pallavi
City:   mumbai
Comments:   My younger sister is married for two yrs and having a boy child of 1 yr and her husband is a drunkard abuses and harrasses her all the time if she is applying for adivorse will she get her child´s custody.b coz he is not ready to give her a kid.and my sister is not a working woman.

Name: Priyal
City:   Mumbai
Comments:   Hello after 10 years of marriage I have filed a divorce petition against my husband as he use to drink a lot of alchohol and hit me. This has happened a couple of times approx 6 times. So I finally decided to end this relation. We have a son who is 5 years 7 months old. my husband is not ready for mutual consent and says that will never divorce me. But I am very firm this time that I will never return. Now I am getting a job in Dubai but I do not know if I would be allowed to take my son along. Can you please suggest me ways to get through this. Also my husband is filing a custody case for my son.

Name: Joseph pushparaj
City:   Chennai
Comments:   I am 57 years married and with major children. I loved one African girl for 5years . I want to marry her . she is

Name: Joseph pushparaj
City:   Chennai
Comments:   I am 57 years married and with major children. I loved one African girl for 5years . I want to marry her . she is

Name: Naveen
City:   Jadhav
Comments:   Nirosha Nirosha u and ur husband will be not happy with married life then take divorce don´t waste your life and ur husband´s life as u as possible take divorce then take divorce yaar dont be waste

Name: Naveen
City:   Jadhav
Comments:   Nirosha Nirosha u and ur husband will be not happy with married life then take divorce don´t waste your life and ur husband´s life as u as possible take divorce then take divorce yaar dont be waste

Name: Naveen
City:   Jadhav
Comments:   Nirosha Nirosha u and ur husband will be not happy with married life then take divorce yaar dont be waste

Name: Nik
City:   Jalandhar
Comments:   It´s bin 2 yrs I hv married to a guy who listens to his mother father and brother too much...he started beating me unnecessarily...his parents used to beat me a lot...he ge used to demand dowry 30lacs from me...which is not fulfilled ..so on 30 Han 2015 my husband and my inlaws mny husbands family relatives have beaten my brother so brutally dr dey hv dislocated his shoulder n he undergone surgery...and dey have thrown me out off their house...by snatchin ol my gold and diamond ornaments..n dint allow me to bring my one year old daughter Ed me..what to do...ve have registered complaint against dem n dey dint appear fo once even..sir plz tmme what to do...I dnt think dey want d same...as dey have beaten

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