Marriage is India is strongly attributed to be a holy alliance and thus the cases of divorce or separation are still considered a taboo. Despite the legal safeguards for someone desiring to opt for a divorce from a troubling marriage, it remains to be a traumatic experience for many and an unfortunate circumstance in life. It can also be a long-winded endeavor if contested for. The current times are witnessing a shift in terms of acceptance of divorce as a better possibility as opposed to the consideration the same as a taboo and rarity. This is owing to secularity of the Judicial System and assurances of better safeguard of rights after divorce. Strained couples resort to legal separation from the marital bonds and the Indian Judicial Systems offers seamless provisions that make it highly relevant, swift and an easy-to-avail procedure if your circumstances justify the grounds based on which you seek separation from the partner. In Part 2, we will understand the Grounds for Divorce as granted under the Special Marriage Act of 1954 and the Parsi Marriage and Divorce Act, 1936 (Amendment 1988).

GROUNDS FOR DIVORCE UNDER THE SPECIAL MARRIAGE ACT, 1954

Under the Special Marriage Act of 1954, persons of Christian and other religion can obtain divorce on the following grounds -

• Commitment of adultery by partner after marriage.
• Unjustifiable desertion of partner for 3 years or more.
• A jail sentence of respondent for a period of 7 years or more.
• Cruel treatment or physical and mental torture by partner.
• Unstable mental condition of the respondent for at least 3 years.
• The respondent suffers from incurable leprosy or venereal disease for 3 years or more.
• Unknown whereabouts of respondent for a period of at least 7 years.
• A wife can file divorce petition if the husband is guilty of rape, sodomy or bestiality.
• Irretrievable Breakdown ground - Failure to co-habituate for a long period of time with no intention to continue a matrimonial relationship.

GROUNDS FOR DIVORCE UNDER THE PARSI MARRIAGE AND DIVORCE ACT, 1936 (AMENDMENT 1988)

The grounds for divorce in India under the Parsi Marriage and Divorce Act, 1936 amended in 1988 are -

• Continuous absence of 7 years.
• Non-consummation of marriage within 1 year.
• Insanity of the respondent which was un known at time of marriage.
• Pregnancy of wife by a man other than the husband, provided this was unknown at the time of marriage.
• Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.
• Act of cruelty or torture in mental or physical form.
• Forcing the wife into prostitution.
• Suffering from a communicable form of disease.
• Sentenced to jail for 7 years or more.
• Desertion for 2 or more years.

Irretrievable Breakdown ground - Failure to resume cohabitation after passing an order of maintenance or a decree of judicial separation with no intention to continue a matrimonial relationship. The rate of divorces has experienced a substantial increment over the past few years. This indicates that a large number of persons resort to legal machinery for crisis resolution in marital cases and in this regard, the professional family lawyers in New Delhi are dedicated to offering quality services that cater to family legal matters such as divorce. The Matrimonial Lawyers expert divorce Lawyers in New Delhi remain committed to delivering a cutting-edge legal assistance to clients.