Grounds for divorce

26. Either party to a marriage can sue the other party for divorce on any of the following grounds:-

(a) that the other party has committed adultery:

Provided that no divorce shall be granted if the Court is satisfied that the party suing for divorce has consented to the adultery or has since condoned it;

(b)where the other party has made an attempt on the life of the party suing for divorce or where such other party has gravely ill-treated the party suing for divorce;

(c) where the other party has committed an infamous crime or has been guilty of such dishonourable conduct as, in the opinion of the Court, renders life in common impossible or intolerable for the party suing for divorce;

(d)where the other party has, without good cause deserted the party suing for divorce for a period exceeding one year;

Provided that a party may, even before the lapse of one year, apply to the Court to call upon the other party to return to the conjugal home within such time as may be specified and, in such case, if such other party refuses or fails to comply, the party so applying may sue for divorce at any time after the lapse of the period specified by the Court, but in no case a divorce shall be granted under this proviso unless the desertion has lasted for a period of not less than three months and it still continues;

(e) where the other party has become insane or where the mental condition of such other party is such as to make life in common impossible or intolerable for the party suing for divorce or constitutes a danger to the health of such party or the children of the marriage and the Court is satisfied by expert evidence that the insanity or the mental condition as hereinbefore provided is incurable or of a duration of not less than three years;

(f) where the conjugal relations are so seriously strained that life together has become impossible or intolerable:

Provided that, where the cause of such straining is mainly attributable to the fault of the one party, only the other party can sue for divorce.