SANJAY DIXIT (Advocate) 02 March 2008

Grounds for Divorce under Hindu Marriage Law

THE HINDU MARRIAGE ACT, 1955

S. 13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the
husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation.-In this clause,-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable from of leprosy; or

(v) has been suffering from venereal disease in a communicable from ; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

Explanation.-In this sub-section, the expression "desertion"
means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition ; or

(ii).that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

(iii) that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, (78 of 1956.) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2.of 1974.) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898), (5 of 1898.) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;

(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation.-This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976.] (68 of 1976.)

Reply Follow

12 Replies

anupam_advocate (n/a) 02 March 2008

thanx

SANJAY DIXIT (Advocate) 02 March 2008

Thanks & Welcome Anupam...

Guest (n/a) 08 March 2008

Dear sir/Madam Please guide me regarding taking divorce. I was married seven years back. she lived in my house for three days with us. we did not had any physical relationship.She is staying at her parent house.I m staying at delhi.Last year i filed for divorce but she was not ready to give.So, having no concrete substance to divorce.We mutaully withdraw the petetion thet we will solve it outside. Then she went to our house and stayed there for five months. But I was not there and due to sociel obligation .My parents did not forced her to live. Now she is in her parent house. But not agree to divorce me. ..Still we do not have any physical or sociel relations........And i m despearate to leave her. Please guide me ,is any ground to divorce her ,if she is not ready........... Please help me..... Sanjeev

MANIKANDAN (later) 21 March 2008

I was married 5 years back. We didn't had any physical relationship. But she has got a female baby. She sent me a legal notice that she got pregnant and delivered a female child But didn't mentioned to whom she got pregnant. She is not ready to legally claim me as the biological/paternal father of the child. How can I force her to take a DNA test along with me? I was told by her that she may manipulate the DNA test results itself using money power. Can I do something on this? Also, I was told that there is a chance that the DNA test can even tell that I'm the father of the child though the truth is otherwise. Should I be pubished if the result proves her claim?

Known (B) 06 April 2008

2. Call your local MLA at https://www.indiademocracy.org/index.php/electedofficials/stateList/type/MLA and promise him that you will pay party fund. They will help you out.

Vidya (Student) 14 May 2008

Greetings! Is it legal to get married to another lady when wife is alive....is it necessary to take the consent of the living wife to get married again...if husband gets married without divorce can that wife also get married without taking divoce....

Shree. ( Advocate.) 15 May 2008

Divorce, under the Hindu Marriage Act 1955, can be obtained by both the spouses on the basis of any of the following 9 grounds:
1.Adultery;
2.Cruelty;
3.Desertion for two years;
4.Conversion of religion;
5.Unsound mind;
6.Suffering from venereal disease and/or Leprosy;
has renounced the world;
7.not heard of for 7 years;
8.no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights;
9.Husband guilty of rape, sodomy or bestiality;

If after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code, there has been no cohabitation for one year.
In addition to the grounds, stated above, a wife may also present a petition for the dissolution of her marriage on the following grounds:

Where the marriage was solemnized before the commencement of the Hindu Marriage Act, 1955:- 1. the husband had married again before such commencement; 2. That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage;
That the husband has, after the marriage, been guilty of rape, sodomy or bestiality;
That her marriage, whether consummated or not, was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.

Guest (n/a) 19 May 2008

Thanks for the useful information.

Guest (n/a) 08 June 2008

Hello,

I got love marriage before 2years. i lived with my husband in his house with mother in law and sister in law. first one year i was very happy with him even some problems i faced. after that we had a very often misunderstanding. Now he became very aragant in s*x also. I cant tolerate that i had no feelings with him. I cant be with him by s*xualy everyday he is torturing me to be with him. but i felt very bad when he touches me i dont want to be with him by s*xually is there any way that me to apply for divorce. And the important things is i have no support in my family side also. But am working now. Please suggest me i dont want to waste his life because of me. I cant tolerate this torture every day. Please am waiting for ur reply.

arunprakaash.m. (advocate) 09 June 2008

there is a presumption under section 113 of the evidence act that the child born within 280 days of the consumation of the marriage is husband is the father of the child. in your case you have to negate the presumption. definitely you can go for DNA test. you can apply for the same with magistrate.

Guest (n/a) 15 June 2008

Dear sir/Madam

Please guide me regarding taking divorce. I was married 5 years back. she lived in my house for three months with us. She have affaire with other guys. After three months She is staying at her parent house.I m staying at GANDHINAGAR. After one year she did criminal case on me and my family for 498(c). But court give result on fevour of me and my family. I tryied to do compromise between us but she wants 5 lacks ruppes for divorce but i was not ready to give money. From last 4 years she is in her parent house. But not agree to divorce me. ..Still we do not have any physical or sociel relations........And i m despearate to leave her. Please guide me ,is any ground . Can i take divorce on base of case..

pls reply me as soon as possible...

arunprakaash.m. (advocate) 16 June 2008

A wife leading immoral life cannot claim maintanence under The Hind Adoption and Maintanence Act and also under Sec 125 crpc. Since your wife has deserted you more than two years you can file petition under desertion. Your acquital in perevious case will be useful in this dicorce petition.