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Writer's picturelead india
May 30, 20233 min read

Does Criminal Activities Of Spouse Can Be Ground Of Divorce?

Divorce affects a lot of individuals right away. An individual seeking a divorce could continue to be recovering from the trauma of being in an unfit marriage, while the person they live with might still be attempting to mend fences and anyone who witnessed the breakdown of the marriage might never again trust in the institution of marriage.


However, while life goes on for everyone after a divorce, it is not the conclusion for anyone. People in troubled marriages frequently think they can call it quits at any time. They typically don't realize that certain obscure legal provisions control how marriages dissolve. The same laws that control marriage also regulate divorce since certain laws forbid you from marrying anyone.


How Does the Criminal Activities of Spouse Lead to Divorce?

The criminal activities of a spouse can indeed lead to divorce. Depending on the jurisdiction, criminal behaviour such as abuse, domestic violence, fraud, or other serious offenses can be considered as grounds for divorce. The impact and consequences of the criminal activities will be assessed by the court in determining the dissolution of the marriage.

When a spouse engages in criminal activities, it can lead to divorce in several ways-

  • Legal Grounds- Many jurisdictions recognize criminal behaviour, such as abuse, domestic violence, fraud, or adultery, as valid grounds for divorce. The affected spouse can file for divorce based on these grounds.

  • Breach of Trust- Criminal activities can severely damage the trust within a marriage. Trust is a fundamental aspect of a healthy relationship, and when it is broken due to criminal behaviour, it often becomes difficult to sustain the marriage.

  • Safety Concerns- If the criminal activities involve violence, abuse, or endangerment, the safety of the affected spouse and any children involved becomes a significant concern. Seeking divorce can be a way to ensure their well-being and protect them from further harm.

  • Legal Consequences- Criminal activities can result in legal repercussions, such as imprisonment or fines. These consequences can create significant strain on the marriage and contribute to its breakdown, leading to divorce.

Judicial Pronouncements

  • In the case of Priyanka Srivastava v Shri Shalabh Srivastava, the wife filed for divorce alleging cruelty and harassment by her husband, who was involved in criminal activities. The court granted the divorce, considering the evidence presented regarding the husband's criminal behaviour.

  • In the case of Smt. Sarita Sharma v Saurabh Sharma, the wife sought divorce on grounds of cruelty, citing physical abuse and harassment by the husband, who was also involved in criminal activities. The court found the husband's criminal background to be a relevant factor in granting the divorce.

Role of Lawyers to prove Criminal Activities of Spouse as Ground for Divorce

Lawyers can use various methods to prove that the criminal activities of a spouse are grounds for divorce. There are some common approaches-

  • Documentation- Lawyers may gather evidence such as police reports, court records, or official documentation related to the criminal activities committed by the spouse. This can include evidence of abuse, violence, fraud, or other criminal acts.

  • Witnesses- Lawyers may interview witnesses who have knowledge of the spouse's criminal behaviour. These witnesses can provide testimonies or affidavits to support the claims made by the affected spouse.

  • Expert Opinions- Lawyers can consult experts such as psychologists, therapists, or forensic professionals to assess the impact of the criminal activities on the affected spouse and the overall well-being of the family. Their professional opinions can be used to strengthen the case.

  • Financial Records- In cases involving financial crimes or fraud, lawyers can examine financial records, bank statements, or other relevant documents to demonstrate the spouse's illegal activities and their impact on the marital assets.

  • Communication Evidence- Lawyers may obtain evidence such as text messages, emails, or social media posts that reveal the spouse's involvement in criminal activities or provide clues about their behaviour.

  • Testimony of the Affected Spouse- The affected spouse can share their personal account of the criminal activities they have experienced, providing details and supporting their claims with any available evidence.

You will need the help of lawyers to help you get your divorce as soon as possible. If you need the help of lawyers for your divorce case involving any criminal activities of your spouse in Delhi, then Criminal Lawyer In Delhi can be hired. Similarly, Divorce Lawyer In Delhi can assist you in getting your divorce done in a smooth and hassle-free process.


At Lead India, one can consult and talk to Lawyer In Delhi for advice. They can get free legal advice online as well as ask a legal question online for free to lawyers through Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law



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