In India, where both the husband and wife are Christians and seeking divorce, the Indian Divorce Act, 1869 applies.
- As per this Act, the following grounds are available to the petitioner:
- Adultery of spouse
- Cruelty by spouse
- Desertion for 2 years or more by spouse
- Conversion of spouse
- Leprosy of spouse for 2 years or more
- Venereal disease of spouse for 2 years or more
- Spouse not heard alive for 7 years or more
- No restitution of conjugal rights by spouse
- Non-consummation of marriage owing to wilful refusal of spouse
- In addition to these grounds, a Christian wife may file for a divorce also on the ground that after the marriage, the husband has been guilty of rape, sodomy or bestiality.
The court will examine the facts before passing an order for divorce. It will not pass an order of divorce if it finds that the petitioner’s case has not been proved (that is, the grounds are not proved), or that the petitioner has himself or herself been involved in causing the adultery complained of, or that the petitioner has resumed marital relations and forgiven the adultery complained of.