Under the old Hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down The provision of “Divorce" has been dealt with under the Hindu Marriage Act, 1955 as being a true blue method whereby both the parties to the marriage, decide to break all the promises or vows taken at the time of marriage. All Hindus, Buddhist, Jains or Sikhs are covered under the divorce provisions of the act.
Cruelty: After the marriage, subjecting the petitioner to cruelty.
Desertion: If either one of the parties to the marriage deserts the other for a consistent span of at least two years , prior to the filing of the petition by the other party.
Virulent and Incurable Disease: in the form of leprosy.
Venerable Disease in Communicable form.
The renunciation of the world or entered any religious order.
Not heard being alive for a period of seven years or more.
Divorce by mutual consent is the fastest way of getting a divorce in India. A petition seeking divorce has to be filed in the Court by the married couple, on the grounds that both the husband and the wife have been living individually for a time frame of one year or more, thereby failing to fulfill their matrimonial obligations and wanting to dissolve their marriage. A reasonable amount of time, i.e. between 6 to 18 months are given to the married couple for reconsidering their decision for seeking divorce and withdraw the petition. However, if the petition is not withdrawn during this period, the Court after having been fully satisfied with the averments made in the plaint and after having heard both the parties would grant a decree of divorce.
The averments made in the petition are subject to verification by the petitioner or any other reliable person.