Topic
Divorce grounds in Indian law refer to legally recognized reasons, such as cruelty, desertion, or adultery, under which a marriage can be dissolved under statutes like the Hindu Marriage Act, 1955.
Jharkhand High Court reinforces that divorce under the Hindu Marriage Act requires more than mere allegations of cruelty or desertion-cogent, corroborated evidence is mandatory. The ruling sets a higher bar for matrimonial disputes, protecting spouses from frivolous divorce claims based on unsubstantiated accusations.
The Calcutta High Court has ruled that filing baseless criminal allegations-such as attempted murder or extramarital affairs-in divorce proceedings amounts to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, even without physical abuse. This sets a critical precedent for spouses facing weaponized litigation, affirming that the law protects against psychological harm inflicted through the judicial system itself.
Madhya Pradesh High Court holds that repeated desertion and prolonged separation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, permitting divorce on irretrievable breakdown.
Jharkhand High Court holds that isolated marital discord and unproven criminal allegations do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Kerala High Court holds that making baseless accusations of illicit relationships with in-laws amounts to mental cruelty, justifying divorce under Hindu Marriage Act.
Jharkhand High Court clarifies that mental cruelty under Hindu Marriage Act requires grave, sustained conduct making cohabitation unreasonable, not mere marital discord.