Answer By law4u team
The Hindu Marriage Act, 1955, outlines specific grounds on which a married person can file for divorce. These grounds apply to both husbands and wives, though there are certain additional grounds available specifically to wives. Here are the primary grounds for divorce under the Act: Common Grounds for Divorce (Available to Both Husband and Wife) Adultery: If one spouse has voluntarily had sexual intercourse with any person other than their spouse after the marriage, the other spouse can file for divorce. Cruelty: If one spouse treats the other with cruelty, making it impossible for them to continue living together, the aggrieved spouse can seek divorce. Cruelty can be physical or mental. Desertion: If one spouse deserts the other for a continuous period of not less than two years immediately preceding the presentation of the petition, the deserted spouse can file for divorce. Conversion: If one spouse converts to another religion and ceases to be a Hindu, the other spouse can seek divorce. Mental Disorder: If one spouse has been suffering from a mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with them, divorce can be sought. Leprosy: If one spouse has been suffering from a virulent and incurable form of leprosy, the other spouse can file for divorce. Venereal Disease: If one spouse is suffering from a communicable venereal disease, the other spouse can seek divorce. Renunciation of the World: If one spouse has renounced the world by entering any religious order, the other spouse can file for divorce. Presumption of Death: If one spouse has not been heard of as being alive for a period of seven years or more by those who would naturally have heard of them, the other spouse can file for divorce. Additional Grounds for Divorce Available to Wife Husband's Bigamy: If the husband has married again, another wife is alive at the time of the filing of the petition, the wife can seek divorce. This applies even if the other marriage took place before the commencement of the Hindu Marriage Act, provided the other wife is alive at the time of filing. Rape, Sodomy, or Bestiality: If the husband is guilty of rape, sodomy, or bestiality, the wife can file for divorce. Non-Resumption of Cohabitation: If a decree or order for maintenance has been passed in favor of the wife under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, or under Section 125 of the Code of Criminal Procedure, 1973, and there has been no cohabitation between the parties for one year or more after the passing of such decree or order, the wife can seek divorce. Marriage Before Attaining Age of Fifteen: If the wife was married before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before turning eighteen, she can seek divorce. Mutual Consent In addition to the above grounds, Section 13B of the Hindu Marriage Act provides for divorce by mutual consent. Both parties can file for divorce together on the grounds that they have been living separately for a period of one year or more and have mutually agreed to dissolve the marriage. Conclusion The Hindu Marriage Act, 1955, provides a comprehensive framework for divorce, listing specific grounds on which either spouse can seek dissolution of marriage. These grounds cover a wide range of situations, from adultery and cruelty to desertion and mental disorder, ensuring that individuals have legal recourse in case of irreparable breakdown of the marital relationship.
