Divorce is a process by which the marriage is dissolved. after dissolution of the marriage, ( Divorce ) parties revert to their are unmarried status and are free to marry again.
1) Grounds of Divorce (Section 27 of Special Marriage Act, 1954 ) –
Either husband or wife can file a petition for divorce to the district court on the ground that the respondent –
1) Has, after the solemnization of the marriage. had voluntary sexual intercourse with any person other than his or her spouse , or
2) Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
3) If undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code;
4) Has since the solemnization of the marriage treated the petitioner with cruelty; or
5) Has been incurably of unsound mind, or hits been suffering continuously or intermittently from mental disorder of such a kind and to such all extent that the petitioner cannot reasonably be expected to live with the respondent.
6) Has been suffering from venereal disease in a communicable form; or
7) Has been suffering from leprosy, the disease not having been contracted from the petitioner; or,
8) Has not been heard of as being alive for period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive;
9) Has not a resumed cohabitation for one year or more after the passing of a decree for judicial separation against respondent;
10) has failed to comply with a decree for restitution of conjugal rights for one year or more.
2) Special grounds for wife :
A wife may also present a petition for divorce to the district court on the ground, –
(i) That her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;
(ii) though order for separate maintenance was passed against husband, he has not the resumed cohabitation for one year or upwards.
Under Special Marriage Act, 1954 Divorce is possible by Mutual Consent. If the husband and wife are living separately for one year or more than one year and are not able to live together then they may mutually agree that the marriage should be dissolved. A petition for divorce may be presented by both the parties stating this facts.