New Rules for Divorce in India 2023

Divorce Cases Litigation

Grounds for Divorce

Previous Law

New Law

Adultery

Only the cheated-on spouse could file for divorce

Both spouses can file for divorce

Mental/Physical Cruelty

Includes physical violence, harassment, and mental torture, but did not have a clear definition

Includes physical violence, harassment, and mental torture, now also includes withholding financial support or denying access to a child

Desertion

Must have been for a continuous period of 2 years

Reduced to a continuous period of 1 year

Conversion

Not recognized as grounds for divorce

Recognized as grounds for divorce

Irretrievable Breakdown

Not recognized as grounds for divorce

Recognized as grounds for divorce, but requires a one-year separation period

Note: These changes apply only to Hindus as part of the 2023 amendment to the Hindu Marriage Act. Other religious groups may have different grounds for divorce under their own marriage laws.