Divorce Under the Hindu Marriage Act

Divorce is a legal process that brings an end to the marital union and in India, the Hindu Marriage Act provides the framework for divorce among Hindus. 

Section 13 of the Act outlines the grounds on which either spouse can seek a divorce, ensuring that the process is fair and just for both parties involved. Additionally, the Act also allows for divorce by mutual consent, where both spouses agree to end their marriage amicably.

Grounds for Divorce – Available to Both Spouses

• Adultery: If either spouse engages in extramarital affairs, it can be grounds for divorce. Adultery is considered a breach of marital trust and can lead to the dissolution of the marriage.
• Cruelty: Any form of physical or mental cruelty inflicted upon a spouse can be a reason for divorce. Acts of cruelty can cause emotional trauma and jeopardise the well-being of the affected party.
• Desertion (2 years): If one spouse abandons the other without reasonable cause for a continuous period of two years or more, the deserted spouse may seek divorce.
• Conversion: If either spouse converts to another religion and ceases to be a Hindu, it can be a ground for divorce. The Act recognises the importance of religious compatibility in a Hindu marriage.
• Incurable Unsound Mind or Mental Disorder: If a spouse suffers from a severe and incurable mental disorder, it can be a reason for divorce to protect the well-being of the other spouse.
• Virulent and Incurable Form of Leprosy: If a spouse suffers from a contagious and incurable form of leprosy, it can be a ground for divorce to prevent transmission and suffering.
• Venereal Disease of a Communicable Form: If a spouse suffers from a communicable venereal disease, it can be a reason for divorce to protect the health of the other spouse.
• Renounced the World (By Entering into a Religious Order): If a spouse renounces worldly life and enters a religious order, it can be a ground for divorce as such a decision can be incompatible with marriage.
• Not Been Heard of as Being Alive for 7 Years or More: If one spouse is absent and not heard of for seven years or more, the other spouse may seek divorce due to prolonged separation.

Grounds Available Only to the Wife

Husband Found Guilty of Sodomy, Rape, or Bestiality: In cases where the husband is convicted of engaging in acts of sodomy, rape, or bestiality, the wife can seek divorce.

Other Technical Grounds: Some technical grounds for divorce include the non-resumption of cohabitation by the parties after one year of a decree of judicial separation or other issues related to maintenance.

Divorce by Mutual Consent

Section 13B of the Hindu Marriage Act allows for divorce by mutual consent. This provision enables both spouses to agree to end their marriage without assigning any specific grounds. The process requires both parties to jointly apply for divorce, expressing their mutual consent to separate amicably. The provision for divorce by mutual consent is also present in the Parsi law and the Special Marriage Act, ensuring a consistent approach for couples from different backgrounds.