Answer By law4u team
The Hindu Marriage Act, 1955, specifies the legal grounds under which a spouse can seek divorce. These provisions aim to safeguard individual rights while maintaining the sanctity of marriage. Divorce can be granted only when the grounds are proven in court through valid evidence.
Grounds For Divorce Under Section 13 Of The Hindu Marriage Act, 1955
- Adultery: If one spouse engages in voluntary sexual relations outside marriage, it constitutes a valid ground for divorce.
- Cruelty: Physical or mental cruelty by one spouse, such as abuse, harassment, or unreasonable behavior, can justify a divorce petition.
- Desertion: Willful abandonment of the spouse for a continuous period of at least two years without justification is a ground for divorce.
- Conversion: If one spouse converts to another religion, the other spouse can seek divorce.
- Mental Disorder: If one spouse suffers from an incurable mental illness or insanity, divorce may be granted.
- Incurable Disease: Certain diseases, such as communicable and incurable diseases like leprosy, provide grounds for divorce.
- Renunciation: If one spouse renounces worldly life and joins a religious order, the other spouse can file for divorce.
- Presumption Of Death: If a spouse has not been heard from for seven years or more, the other spouse can file for divorce.
Additional Grounds For Women
- Bigamy: If the husband has married another woman during the subsistence of the first marriage, the wife can seek divorce.
- Rape, Sodomy, Or Bestiality: The wife can file for divorce if the husband is guilty of these acts.
- Non-Resumption Of Cohabitation: If the husband fails to cohabit after a decree for maintenance, the wife can seek divorce.
Legal Process
- Filing A Petition: The spouse seeking divorce must file a petition in the family court, stating the applicable grounds.
- Evidence And Hearing: The court evaluates evidence and hears arguments from both sides.
- Judgment: If the grounds are proven, the court grants the decree of divorce.
Example
Suppose a husband physically assaults his wife regularly, causing her mental trauma and fear. The wife can file for divorce on the grounds of cruelty, submitting medical records, witness testimonies, and police complaints as evidence. If the court is satisfied with the proof, it will grant the divorce.
