The grounds for divorce under Divorce Law 2021

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No marriage is perfect, and sometimes divorce is the best option for both parties. However, going through a divorce can be a long and complicated process, especially if you don’t know the law. If you are considering filing for divorce in India, it’s important to understand the grounds on which you can do so. This will help ensure that the process goes as smoothly as possible.

The present laws and rules must be modified in order to reflect societal developments. It is crucial to take both men’s and women’s perspectives into account while analysing various parts of a case.

Marriage and divorce are both major life transitions. Divorce proceedings are decided in large part thanks to the court’s discretionary powers. Marriages cannot end suddenly. Therefore, it is necessary to modify the India divorce laws and grounds in order to meet societal needs.

In India, there are several grounds for divorce under the Divorce Act of 2021. Here are some of the most common grounds for divorce in India:

  1. Adultery
  2. Cruelty
  3. Desertion
  4. Conversion to another religion
  5. Mental illness
  6. Presumption of death

The Concept of Divorce under Indian Law

In India, the concept of divorce is relatively new. The first divorce law was enacted in 1869, and it was not until 1949 that the country’s divorce laws were codified. Prior to that time, divorces were granted on a case-by-case basis by individual courts. Under Indian law, there are two types of divorce: mutual consent divorce and contested divorce. As per the experts of Lex Solutions, a noted legal firm in Chandigarh, there are primarily two types of divorces such as; 

Mutual consent divorce is granted when both parties agree to the terms of the divorce and there are no grounds for contesting the divorce.

Contested divorces are granted when one party does not agree to the terms of the divorce or there are grounds for contesting the divorce.

  • The grounds for obtaining a contested divorce in India include adultery, mental cruelty, desertion, conversion to another religion, and physical cruelty.
  • In addition, a woman can also obtain a contested divorce if her husband has been convicted of rape, sodomy, or bestiality; if he has been sentenced to imprisonment for seven or more years; or if he has contracted a venereal disease.
  • Once a contested divorce is filed, the court will hear from both parties and make a determination as to whether or not the grounds for contesting the divorce have been met. If they have been met, then the court will grant the divorce; if not, then the marriage will remain intact.

Also Read: Lex Solutions – Your one stop destination for all things legal

Grounds for Divorce in India under Divorce Law 2021

There are grounds for divorce in India under the Divorce Law 2021. Matrimonial disputes are common ground that leads to divorce. The grounds for divorce are as follows:

1) Adultery: Adultery is defined as voluntary sexual intercourse between a married person and a person who is not his or her spouse. If either spouse commits adultery, the other spouse may file for divorce.

2) Cruelty: Cruelty is defined as any conduct that causes physical or mental harm to the other spouse. Cruelty is a ground for divorce if it is of such a nature that it causes mental or physical suffering to the aggrieved party which makes it difficult for them to live together. If either spouse commits cruelty, the other spouse may file for divorce.

3) Desertion: Desertion is defined as wilfully abandoning one’s spouse without his or her consent. The deserted spouse must also have been living apart from their partner for at least two years before they can file for divorce on this grounds. If either spouse commits desertion, the other spouse may file for divorce.

4) Conversion to another religion: If either spouse converts to another religion, the other spouse may file for divorce. This provision applies only to marriages solemnized under the Special Marriage Act, 1954.

5) Mental illness: If either husband or wife suffers from mental illness, then the aggrieved party can file for divorce on this ground. This provision applies only to marriages solemnized under the Special Marriage Act, 1954.

New rules for Divorce in India 2021

In 2022, the grounds for divorce rules in India are set to change. Currently, under Indian law, a couple can file for divorce on the grounds of:

  • Mutual consent
  • Mental cruelty
  • Adultery
  • Conversion to another religion
  • Desertion
  • Infection with a communicable disease.

However, from 2022 onwards, the grounds for divorce will be expanded to include:

  • Domestic violence
  • Dowry harassment
  • As well as Child marriage

Other New Rules for Divorce in India under Divorce Law 2021

Exempting the required six-month rehabilitation period:

Section 13B (2) states that when spouses file for divorce with mutual consent, the court must provide them with a six-month window to contemplate whether they might want to alter their minds.

A six-month recovery time was required. However, under the current regulation, it is no longer required and is instead up to the court’s discretion.

Depending on the unique facts and circumstances of the case, the court may determine whether a six-month rehabilitation period is necessary or whether the couple should be permitted to divorce right away.

Irretrievably Breakdown of Marriage, a Legal Basis for Divorce:

Separation or the breakup of a marriage occurs when a couple determines they can no longer coexist as marital partners. The partners do not live as husband and wife, whether they share a home or not. In terms of divorce law, there are no specific guidelines for this matter.

Whether the separation can serve as the basis for divorce is up to the court’s discretion. The court may let the divorce go through if it determines that there is no chance of the pair reconciling or if one or both of the spouses refuses to live together.

Extension of the Maintenance Law to In-Residence Relationships:

According to the Hindu Marriage Act of 1955, the court has the authority to issue maintenance payments. This is done to assist the ladies in keeping their level of life the same following a divorce.

  • Under Section 125 of the Criminal Procedure Code, the wife may request support if the marriage is not governed by Hindu law.
  • According to the legislation, a live-in relationship is regarded as a marriage. Therefore, under the Code of Criminal Procedure, a woman who lived with someone else may likewise seek support from that person. There is also no requirement to show precise proof of marriage if the partners have been living together for a long period.
  • According to the new regulations, even if the wife or live-in partner is not qualified to file a claim under the Criminal Procedure Code, she may nonetheless seek redress under the Protection of Women from Domestic Violence Act, 2005.
  • Under the Protection of Women from Domestic Violence Act, the victim lady may be entitled to more remedy than what is provided under the Code of Criminal Procedure.

Adultery is not a crime:

The new laws permit adultery to be used as a basis for divorce, but they do not penalise it. The court made the observation that punishing the husband and the adulterous partner cannot be a solution to save the marriage. Although adultery is a legitimate basis for divorce, there is no legal penalty for it.

Divorce Cannot Be Filed on the Basis of Triple Talaq:

According to Islamic law, uttering the word “Talaq” three times is sufficient to cause a divorce. Due to the fact that it provides Muslim males with the authority to end a marriage on their own, this practice is discriminatory to Muslim women.

Divorce under personal law cannot supersede a civil court's authority:

Only the Civil Court has the authority to order a divorce. Any divorce conditions in India that are approved by the Christian Church or another personal law are void.

In the Molly Joseph v. George Sebastian case, the Apex Court ruled that the only action a competent court could take was to dissolve a marriage. Any order issued by a personal law or ecclesiastical tribunal shall be superseded by the order or decree of the civil court.

How do the New Rules Benefit Women?

This is a welcome change for many women in India who have been victims of domestic violence or dowry harassment.

  • The expansion of the grounds for divorce will provide them with much-needed legal protection and allow them to seek a divorce on grounds that are more relevant to their experiences.
  • Child marriage is another important issue that will be addressed by the new rules. In India, there are still many child marriages taking place despite it being illegal. The new rules will help to protect children from being forced into marriage and will provide them with a way out if they do find themselves in this situation.

Also Read: The rights of a women in Hindu Marriage Act


Law Firms like LEX SOLUTIONS can help you with your legal needs. Divorce is always a difficult decision to make, but sometimes it is the only option. If you are considering divorce in India, it is important to know the grounds for divorce under Divorce Law 2021. These grounds can include adultery, mental or physical cruelty, abandonment, and more. Be sure to speak with an attorney about your specific situation before making any decisions.

The changes to the new grounds for divorce in India were set to come into effect from January 1st 2022. This gives couples plenty of time to adapt to the new rules and ensure that they are familiar with all of the changes. For anyone going through a divorce in India after 2022, it is important to seek professional legal advice so that you can fully understand your rights and how the new rules may affect your case.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.