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Grounds for Divorce under Special Marriage Act

The Special Marriage Act of 1954 is an act under the constitution that has a provision for couples to

get married irrelevant of the of the religion or faith followed by either party. The act has certain

provisions and grounds by which couples who get married under this act can get divorced.

In this article we outline the top 5 reasons why people can move for divorce under the Special

Marriage Act.

1. Imprisonment- If the spouse is serving a sentence for 7 years or more in jail the

opposite party is entitled to bring the marriage to an end. The other spouse can file

for divorce under this ground after 3 years of the 7-year sentence.

2. Adultery- A single act of extramarital intercourse is sufficient for grounds of divorce

due to adultery. The spouse who wants to file for divorce under this ground needs to

substantiate it with sufficient evidence and have proof that he/she is married to the

respondent and the latter has engaged in voluntary sexual intercourse with any

person who is not the spouse of the respondent.

3. Cruelty- Any act which causes apprehension to one’s life or an act that causes

disruptions to one’s health / reputation and causes mental agony can be defined as

cruelty. The behaviour of the spouse has more weight than the intention, and it

should be grave enough that results in an impossibility of any reasonable person to

tolerate such conflict.

4. Desertion- In simple words this means when either spouse abandons the other for a

continuous period of two years before the filing of a divorce petition. This means

that the spouse leaves without any probable cause and remains in no contact. The

intent of desertion plays an important role when deciding it as a ground for divorce.

5. Insanity/Unsound mind- If the spouse is suffering from a mental disorder which is of

continuous nature, “Suffering continuously from a mental disorder” to the extent

that it is unbearable to co-live with the spouse, the other party can use this as a

ground for divorce. When the respondent is suffering from a mental illness to the

extent that it affects the normal functioning of a person, is continuous or even

happens intermittently, a person can move for the annulment of the marriage.


For further information and to avail the services of the best Divorce Lawyers visit https://www.thedivorcepoint.in/ to get in touch with expert Divorce Advocates




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