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If one of the spouses is not ready to divorce at any cost then also the other spouse can seek divorce. The spouse who will file for divorce will be the petitioner and the spouse against whom divorce is sought will be the respondent and the petitioner can file divorce on any of the following grounds: • The respondent had voluntary sexual intercourse with some other person, one act single act of adultery is sufficient for divorce. It is very important to note that sexual intercourse has to be voluntary. • The respondent has been cruelly. There is no such straight jacket formula to understand this term “cruelty”, It includes both mental and physical cruelty. Cruelty can include words and gestures too. To examine whether an action is cruel on a person is subjective. Whether a person has been subjected to cruelty or not can be determined on the basis of the effects of such cruelty on that person. • The respondent has deserted the petitioner for a continuous period of two years immediately preceding the presentation of petition. Desertion should be without any cause and without the consent of the other party for it to be a ground for divorce. It is the withdrawal from some place but withdrawal from cohabitation and refutation of marital obligations. • The respondent is suffering from incurable mental disorder either occasionally or permanently and the disorder is of such a degree that it’s difficult to live with such a person. • The respondent is suffering from incurable form of leprosy and communicable venereal diseases. • The respondent ceases to be a Hindu anymore i.e. she has converted to some other religion. • If the respondent has renounced the world i.e. has taken sanyas. • If the respondent has not been heard alive by their near & dear ones “who would have otherwise heard of her/him” for seven years continuously. In such a case the respondent will be presumed dead and the petitioner can obtain a decree for the dissolution of marriage. If the petitioner is a female then she can seek divorce on four more grounds and they are: • The husband has married again and at the presentation of the petition the second wife is alive • The husband is guilty of rape or sodomy or bestiality • If a wife has obtained an order of maintenance and cohabitation has not been resumed within a year or upwards since the passing of order then the wife may sue for divorce. • A wife who was married before she attained the age of eighteen can present a petition for repudiating her marriage Conclusion of divorce proceedings depends on a lot of facts and circumstances therefore the time it will take can’t be specified precisely.
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