Either spouse may approach Court on
any one or more of the following grounds:
(i)
Voluntary sexual intercourse with
any third person [i.e. other than his or her spouse]; or
(ii)
Cruelty; or
(iii)
Desertion for a continuous period
for two years immediately before approaching court; or;
(iv)
Conversion to another religion; or
(v)
If either of spouse has been
incurably [i.e. cannot be cured] of unsound mind or has been continuously or
intermittently suffering from mental disorder; or
(vi)
If either of the spouse has been
suffering from a virulent and incurable form of leprosy; or
(vii)
If either of the spouse has been
suffering from venereal disease in a communicable form; or
(viii)
If either of the spouse has
renounced the world by entering any religious order; or
(ix)
If either of the spouse has not been
heard of as being alive for a period of seven years or more
(x)
There has been no resumption of
cohabitation as between the parties for a period of one year or upwards after
passing a decree for their judicial separation by court.
(xi)
There has been no restitution of
conjugal rights as between the parties for a period of one years or upwards
after passing a decree for restitution conjugal rights by court.
A wife can approach the court for
dissolution of her marriage by decree of divorce on the ground that
(i)
Husband has been [after the
marriage] guilty of rape, sodomy or bestiality; or
(ii)
In a suit under section 18 of the
Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding
under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974), a
decree or order has been passed against the Husband awarding maintenance to the
wife notwithstanding that she was living apart and that since the passing of
such decree or order, cohabitation between the parties has not been resumed for
one year or upwards; or
(iii)
Her marriage was solemnized before
she attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Besides
spouse can also take divorce with mutual consent as per the provisions
of Section 13B of Hindu Marriage Act, 1955