The grounds of Divorce, Dissolution and Decree of nullity are enumerated as under:

A. Decree of Nullity (Section 30)

Consummation of marriage is impossible owing to natural causes.

B. Dissolution of Marriage (Section 31)

ADVERTISEMENTS:

Whereabouts of the spouse are not known by persons who would have naturally heard about him/her.

C. Divorce (Section 32)

a. Willful refusal to consummate marriage within One Year of the marriage.

b. Unsound mind at the time of marriage until the date of suit but the suit must be filed within three years of the marriage.

ADVERTISEMENTS:

c. Incurably unsound mind – for two years and when the other spouse cannot be expected to live with the spouse of unsound mind.

d. Pregnancy by some other person at the time of marriage Limitation, two years from the date of marriage.

e. Adultery, fornication, bigamy, rape or unnatural offences. Limitation, two years from the date of cause of action

f. Cruelty or the behaviour which is such that no Court would consider it proper to ask the aggrieved spouse to live with the other spouse

ADVERTISEMENTS:

g. The Spouse (i) has caused grievous hurt or (ii) has caused infected Venereal Diseases or (iii) has compelled the wife to prostitution. Limitation, two years from the date of cause of action

h. Imprisonment of 7 years or more and the spouse have already undergone the sentence of one year.

i. Desertion for at least two years.

j. No marital intercourse has taken place for one year after the Magistrate has awarded separate maintenance.

ADVERTISEMENTS:

k. Omitted with effect from 15-4-1988

l. Apostasy – ceased to be a Parsi. Limitation – two years from the date of knowledge of apostasy

D. Non Resumption of Conjugal Rights (Section 32-A)

Right to conjugality or Consortium or right of sex relation is an implicit right in the marriage. As such, right of consortium or conjugality implies the corresponding duty of each spouse right to conjugality or consortium. Therefore, if either party refuses the conjugal right, then the aggrieved party is given statutory right to seek divorce on this ground alone.

ADVERTISEMENTS:

E. Consent Divorce (Section 32 B)

Decree of Divorce by mutual consent can be obtained on the ground that parties have been living separately for one year or more, parties are not able to live together and parties have mutually agreed that the marriage should be dissolved. Section 35 of the Act, however, vests powers in the Court to refuse the decree of divorce. Thus, it is entirely at the sole discretion of the Court to grant the divorce or refuse it. Further discussion can be read in the topic titled as ‘Discretion of Court to-Refuse Divorce – Section 35’.