Legal Grounds for Divorce under Hindu Marriage Act

In India, the Hindu Marriage Act, 1955 governs the legal framework for marriage and divorce among Hindus, including Buddhists, Jains, and Sikhs. Section 13 of the Act outlines the various legal grounds on which either spouse can seek a divorce. Understanding these grounds is essential before initiating any legal proceedings.

1. Adultery

If one spouse voluntarily engages in sexual intercourse outside the marriage, it is considered adultery and a valid ground for divorce. The petitioner must provide evidence of such conduct.

2. Cruelty

Cruelty may be physical or mental. Acts that cause pain, suffering, or harassment—such as verbal abuse, constant humiliation, or emotional neglect—may constitute cruelty.

3. Desertion

If a spouse voluntarily abandons the other for a continuous period of at least two years before the filing of the petition, it is termed desertion and is grounds for divorce.

4. Conversion

If one spouse ceases to be a Hindu by converting to another religion, the other spouse can file for divorce on this basis.

5. Mental Disorder

If the other party has been suffering from a mental disorder that makes it unreasonable for the petitioner to live with them, this may justify a divorce.

6. Incurable Leprosy

A spouse can seek divorce if the other is suffering from a virulent and incurable form of leprosy.

7. Venereal Disease

Divorce may also be sought if the other spouse is suffering from a communicable venereal disease in a serious form.

8. Renunciation of the World

If one spouse has renounced the world by entering a religious order, it is considered a valid ground for divorce.

9. Presumption of Death

If a spouse has not been heard from for a continuous period of seven years or more, they are presumed dead, and divorce can be granted on this ground.

Special Grounds for Women:

Women also have additional protections under the Act, such as the right to seek divorce if:

• The husband has taken another wife (bigamy).

• She was married before the age of 15 and renounced the marriage before 18.

• The husband is guilty of rape, sodomy, or bestiality.

Conclusion

Understanding these grounds helps individuals assess the legal merit of their situation before proceeding with a divorce case. While emotional factors are significant, courts require legal justification aligned with the Hindu Marriage Act. Consultation with a lawyer is crucial to navigate the process effectively.