No, you cannot give your spouse’s leprosy as a reason for divorce. It used to exist as a reason, but the Supreme Court struck it down. There is even a bill pending in Parliament to amend all personal laws for removing leprosy as a reason for divorce.
Theme: Divorce for Hindus
Will the mediator tell the Court or the lawyers about what I said during the mediation?
The details of the reconciliation methods, which include mediation, conciliation and discussions with family counsellors, are not supposed to be part of the records of the Court or disclosed to any third party. This is done to respect and maintain the privacy of the husband and wife. So, neither the Court nor the lawyers will know what you said during the mediation.
What is the difference between mediation and conciliation?
The difference between the two reconciliation methods is that, in the process of mediation, the mediator assists the parties to arrive at a solution while in conciliation, the conciliator himself proposes solutions to solve the problems of the spouses during the divorce. For example, if you and your spouse go to a mediator, he will assist you in deciding about the future of your marital life while a conciliator will give you options on how to decide your future.
I moved to Australia for a job assignment in January 2016, but my wife chose to stay in India. We both discussed this arrangement and consented to it. Now she is filing for divorce claiming that I deserted her, but my intention was never to do so. Can I object to the divorce? Is her reason a valid one in Hindu law?
No, if you never intended to abandon her, then she cannot claim desertion as a ground for divorce. Intention to desert a spouse plays an important role in getting a decree of divorce. However, you must also make that clear in your response to her divorce petition.
I cheated on my spouse, will I go to jail under Hindu law?
No, cheating on your spouse is not a criminal offence. Adultery used to be a crime under the Indian Penal Code, but the Supreme Court recently struck it down.
What will the Court take into consideration while finally deciding a divorce case for Hindu marriage?
In the end, the Court will keep in mind the following circumstances while making a decision:
- The best interest of of your children.
- Any possibility of reconciliation between the you and your spouse.
- In cases of cruelty,
- The nature of the conduct or cruel treatment. For example, the Court would consider whether your spouse is harassing you for money or does acts to humiliate you.
- The impact of such treatment on the mind of the spouse and whether it would be harmful or injurious to his or her life. For example, if your spouse harasses you for dowry, then it would impact you monetarily and affect your marital life.
My husband keeps coming to my office and harassing me at work in front of my employer. Can I file for a divorce under Hindu law?
Continuous harassment by your spouse may amount to mental cruelty in some cases, and may even be valid grounds for a divorce. However generally, actions such as creating hurdles relating to your professional life, or humiliating you in front of your colleagues or boss, need to be in addition to other actions such as instituting dishonest cases against you, etc.
However, there is no one strict formula for granting a divorce, and each order for divorce is granted based on the specific facts of your case. Therefore, depending on factors such as the extent of harassment, the mental trauma you have suffered, and the regularity of these occurrences, a divorce may be granted. For legal advice relevant to your experiences, please contact a lawyer.
When I ask the Court for maintenance for me and my child, can I ask for something else apart from money under Hindu law?
Yes, you can even apply for a residence order requesting the Court to direct your husband to either provide or pay for accommodation.
Can I file for a divorce simply because my marriage is not working out under Hindu law?
Under Hindu Divorce law you cannot easily file for divorce simply because you unilaterally believe that your marriage is not working out. The Courts have recognized that “Irretrievable Breakdown of Marriage” is a situation where either one or both spouses are no longer able or willing to live with each other, thereby ending their marital relationship with no hope for its revival. The law does not specifically recognise this as a reason for divorce, but some courts have accepted it to be a valid ground. However, it would be hard to successfully get a divorce simply on this ground.
What will happen to my children after divorce under Hindu law?
While your divorce case is being decided, along with it, you can apply for the custody of your children. Depending on the facts and circumstances of each case, the issue of custody will be decided keeping the best interest of the child.