Common Reasons for Filing Divorce in India: Legal Grounds and Real-Life Causes
Quick answer: People file for divorce in India mainly for cruelty (physical or mental), desertion, adultery or infidelity, domestic violence, dowry harassment, and long-term incompatibility. In law, divorce under the Hindu Marriage Act needs a statutory ground in Section 13, or mutual consent under Section 13B; "incompatibility" alone is not a ground for contested divorce.
Real-life reasons and the legal ground each fits
| Real-life reason | Legal ground (HMA) |
|---|---|
| Physical or mental abuse, humiliation, false accusations | Cruelty, Section 13(1)(ia) |
| Spouse left without reason for two years | Desertion, Section 13(1)(ib) |
| Spouse in a relationship outside marriage | Adultery, Section 13(1)(i) |
| Mental illness that makes living together unreasonable | Section 13(1)(iii) |
| Conversion to another religion | Section 13(1)(ii) |
| Communicable disease | Section 13(1)(v) |
| Renunciation of the world | Section 13(1)(vi) |
| Missing for seven years | Section 13(1)(vii) |
| Both agree it is over | Mutual consent, Section 13B |
| Dowry harassment or violence | Cruelty, plus DV Act and criminal remedies |
Wives have extra grounds under Section 13(2), such as the husband being guilty of rape, sodomy or bestiality, or non-resumption of cohabitation after a maintenance decree.
Cruelty: the most common ground
The Supreme Court in Samar Ghosh v. Jaya Ghosh (2007) gave examples of mental cruelty, including sustained abusive language, humiliation, unjustified neglect, false allegations and long separation. Read more in cruelty includes mental harassment and long separation and K. Srinivas Rao on false criminal complaints.
Other everyday causes
Money disputes, interference by in-laws, differences over careers or children, lack of intimacy, addiction, and communication breakdown are common. These do not appear as separate legal grounds, but the facts may amount to cruelty or desertion, or support a mutual settlement. See contested divorce vs irretrievable breakdown.
Choosing your route
- Contested divorce if one spouse refuses and a ground exists.
- Mutual divorce if both agree; see the process.
- Judicial separation if you want a break without ending the marriage; see judicial separation vs divorce.
Talk to our divorce lawyers in Delhi about which fits your facts.
Frequently asked questions
What is the most common ground for divorce in India?
Cruelty, including mental cruelty, is among the most frequently pleaded grounds.
Is incompatibility a ground for divorce?
Not in itself for a contested case under the HMA. Mutual consent or facts amounting to cruelty or desertion are needed.
Can I get divorced for adultery?
Yes. Adultery is a ground under Section 13(1)(i), even though it is no longer a crime.
Is domestic violence a ground for divorce?
Yes, as cruelty. You can also seek DV Act relief.
How long must desertion last?
At least two years immediately before the petition.
Related guides
- How difficult is it to get divorced in India?
- Mutual vs contested divorce
- Mental harassment and long separation as cruelty
- How long does divorce take in Delhi?
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.