Divorce isn’t just a legal process—it’s often a deeply personal and emotional decision. But once a person has reached that point where continuing the marriage no longer feels right, it becomes important to understand what the law actually says.

In India, divorce laws differ depending on religion, but the core reasons that qualify as valid grounds for divorce remain fairly consistent across most personal laws. Let’s break this down in a practical way, without the jargon, so that someone genuinely trying to understand their legal options doesn’t feel lost.

Adultery

If one spouse has had a sexual relationship outside the marriage, the other has the legal right to file for divorce. Adultery is no longer a criminal offence after a Supreme Court verdict in 2018, but it still counts as a strong civil ground for divorce.

Cruelty—Mental and Physical

Cruelty doesn’t only mean physical abuse. Mental cruelty is just as serious in the eyes of the court. Constant humiliation, emotional manipulation, verbal threats—these things can take a toll. If someone is made to feel unsafe or broken in a marriage, they don’t need to wait for bruises to prove it.

Desertion

If your spouse has left you—physically and emotionally—for at least two years, without any reason or consent, that’s called desertion. It has to be long-term and intentional to count legally.

Conversion of Religion

If your spouse changes their religion and you no longer want to continue the marriage, you have legal grounds to exit the relationship. This is recognised in most personal laws.

Mental Illness

If your spouse suffers from a mental condition that makes it unreasonable to continue the marriage, this can be a ground for divorce. Courts ask for solid medical evidence before allowing this, and rightly so.

Infectious Disease

A serious communicable disease that could endanger the other spouse—like certain STDs—can be another valid reason to file for divorce. Again, proof and sensitivity are both needed here.

Renunciation or Being Missing

If your spouse has renounced worldly life and joined a religious order, or hasn’t been heard from in over seven years, the law allows you to seek a divorce.

Mutual Consent

When both partners agree the marriage is beyond repair, they can file for divorce by mutual consent. This is one of the more civilised and straightforward routes, provided you've lived apart for a year.

What About Religion-Specific Laws?

Muslims, Christians, Parsis, and interfaith couples have separate legal paths. But the core ideas—adultery, cruelty, desertion, mental illness, and mutual consent—exist in all of them in some form.

Legal clarity matters when emotions are running high. If you or someone you know is thinking about divorce, it’s essential to understand that the law is not just black and white. It’s designed to protect people, offer closure, and give everyone a fair shot at starting over.

If you’re in this space and need proper legal insight, it helps to talk to the best Divorce Lawyer In Delhi NCR—someone who’ll listen, not just litigate.

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