Divorce under Hindu Law

 

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Divorce

•Divorce means dissolution of the marriage.

•After divorce the parties revert to their unmarried status and are free remarry

Section-13

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 mention in section 13.

Section 13 Grounds for Divorce

S.13(1) Available to both S.13(2) Available only to wife.

Section 13(1)

1-Adultery [S.13(1)(i)] - Means having voluntarily sexual intercourse after marriage with other person.

Case- P v. P [AIR1982 Bom492]

2- Cruelty [S.13(1)(ia)] - After passing of the Marriage laws amendment Act, 1976, cruelty has a become a ground for divorce.

•To constitute cruelty there must be danger to life, injury to health mentaly or bodily.

•Physical and Mental Cruelty.

Case-Shobha Rani v. Madhukar Reddy [AIR1988 SC121]

• Indira Gangele v. Sk Gangele [AIR1993MP58]

3- Desertion [S.13(1)( ib)]

•It means withdrawing from marital obligations.

•Deserted for at least continuous period of 2 years.

4- Conversion [S.13(1)(ii)]

5- Unsound Mind [S.13(1)(iii)]

6- Leprosy [S.13(1)(iv)] Omitted by Personal laws amendment Act, 2019

7- Venerel Disease [S.13(1)(v)]

8- Renunciation of world [S.13(1)(vi)]

9- Presumed Death [S.13(1)(vii)]

10- Non Resumption of Cohabitation S.13(1-A)(I)

11- Failure to comply with the decree of restitution of conjunal rights [S.13(1-A)(ii)]

Additional grounds to wife

Section-13(2)

1-Bigamy [S.13(2)(i)]

2- Rape, Sodomy, or Bestiality [S.13(2)(ii)]

3-Non resumption of cohabitation after decree or order of maintainence. [S.13(2)(iii)] 

4-Option of puberty [S.13(2)(iv)]

Divorce by Mutual Consent

Section - 13(B)(1) Divorce on ground that-

• they have been living separately for a period of one year or more.

• they have not been able to live together.

• they have agreed that marriage should be dissolved.

Section - 13(B)(2)

Not earlier than 6 months and not later than 18 months the Court has to grant decree of divorce.