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Jun 28, 20233 min read

On Which Grounds Can A Wife File A Divorce Case?

In India, there are two types of divorce. Mutual consent divorce refers to the two parties' agreement to separate since they are both directly involved in a marriage. In some situations, the husband and wife merely need to explicitly state before the court that they intend to dissolve their union, and then, following a specific procedure, divorce is granted. In-depth proof of the divorce's causes before the court is not really necessary. The extremely difficult process of divorce can be made even more difficult by going through a contentious divorce.

If one of them wants to end the marriage and the other wants to go on, the other is chosen. In such situations, the party seeking to dissolve the marriage must establish the legal grounds for divorce in India. For instance, a spouse must establish beyond a reasonable doubt that the other committed adultery in order to obtain a divorce on adultery grounds.


According to the previously described religious regulations that apply to the parties to a marriage, there are a number of grounds for divorce. India's rules might be a little confusing, especially when it comes to family law.

Grounds of divorce for the wife:

  • A husband who has more than one surviving wife: A wife may file for divorce under clause (i) of subsection (2) of Section 13 of the Act if the husband has more than one wife who is still alive after the start of this Act. The only restriction on a wife's right to file for divorce under this article is that the other wife must still be alive at the time the petition is presented, regardless of the conclusion that the petitioner knew the other wife existed and that the husband was not cruel.

  • Rape, sodomy, or animal cruelty: A wife has the right to file for divorce on the grounds of rape, sodomy, or bestiality committed against her by the husband under Section 13(2) (ii) of the Act. The Indian Penal Code's Section 375 defines rape as a criminal offense. A man is said to have committed rape if he engages in sexual activity with a woman against her will, without her consent, with her consent gained by instilling fear in her, with her consent when the man knows he is not her husband but she gives it anyway because she thinks he is another man to whom she is or thinks she is lawfully married, or with or without her consent when she is under the age of sixteen. The sexual contact required for the crime of rape is only required to penetrate. However, there is one exception.

  • Decree or maintenance order: If two requirements are met, the wife may file for divorce while the husband is the subject of a maintenance order under Section 125 of the CrPC of 1973 or a decree for maintenance of the wife under Section 18 of the Hindu Adoptions and Maintenance Act of 1956. She was already living separately, and she and her husband haven't cohabited for at least a year following the issuance of the decree or order.

  • Getting married before becoming fifteen years old: If a wife's marriage was solemnized before she turned fifteen years old, she is permitted to file for divorce as long as she did so after turning fifteen but before turning eighteen years old. However, the petition may be submitted after turning eighteen. Parents are the finest witnesses to the truth of their children's birthdates in the absence of a school certificate. Horoscope entries can be used to verify a person's birthdate and authorship by looking at the writing sample.

  • Forcefully gained consent: When a wife files for divorce claiming that her assent to the marriage was coerced and threatened, but she didn't report this to the Registrar of Marriages when the marriage was registered, it cannot be assumed that her consent was unfreely given.

If the divorce petition is filed in Mumbai, then lawyers in mumbai may be hired. Moreover, if the petition is filed in Delhi, then lawyers in Delhi may be hired. divorce lawyers in kolkata may be hired if the couple lives in Kolkata.


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