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Family Law 1 - Assignment 1 - Part B - Various grounds of Divorce under Hindu Marriage Act, 1955

 Various Grounds of Divorce under the Hindu Marriage Act, 1955

Introduction

Marriage, under Hindu law, is considered a sacred bond between husband and wife. However, when marital relations become irreparable, the law provides legal grounds for divorce under the Hindu Marriage Act, 1955.

Divorce in Hindu law is governed by Sections 13, 13A, and 13B of the Hindu Marriage Act, 1955, which lay down the various grounds for obtaining a divorce. These grounds are classified as:

  1. General Grounds of Divorce (Available to both spouses) – Section 13(1)
  2. Additional Grounds for Divorce (Available only to wives) – Section 13(2)
  3. Divorce by Mutual Consent – Section 13B

Let us examine these grounds in detail, referring to the original legal text of the Act.

1. General Grounds for Divorce (Section 13(1))

As per Section 13(1) of the Hindu Marriage Act, 1955, either spouse can seek divorce if the other spouse commits any of the following acts:

(i) Adultery

  • Before 2018, adultery was punishable under Section 497 IPC, but now it is only a ground for divorce.
  • If either spouse engages in voluntary sexual intercourse with someone other than their legally wedded spouse, the affected party can seek divorce.

Case Law: Joseph Shine v. Union of India (2018) – The Supreme Court decriminalized adultery but retained it as a valid ground for divorce.

(ii) Cruelty

  • Physical or mental cruelty inflicted by one spouse upon the other is a ground for divorce.
  • Mental cruelty includes verbal abuse, constant humiliation, false allegations, denial of marital rights, or any act causing mental agony.

Case Law: Shobha Rani v. Madhukar Reddi (1988) – The Supreme Court held that cruelty can be physical or mental and must be determined based on the facts of each case.

(iii) Desertion

  • If one spouse willfully abandons the other without any reasonable cause for a continuous period of at least 2 years, it constitutes desertion.

Essentials of Desertion:

  1. Separation for 2 years
  2. Intention to abandon permanently
  3. Without reasonable justification

Case Law: Bipinchandra Jaisinghbhai Shah v. Prabhavati (1956) – The Supreme Court clarified that mere separation is not desertion; it must be intentional and permanent.

(iv) Conversion

  • If a spouse converts to another religion, the other spouse can file for divorce.
  • The conversion must be voluntary and complete.

(v) Unsoundness of Mind (Mental Disorder)

  • If a spouse suffers from a mental disorder making marital life impossible, the other spouse can seek divorce.

Conditions for divorce on mental disorder grounds:

  1. The illness must be severe and continuous.
  2. It should make cohabitation impossible.

Case Law: Ram Narain v. Rameshwari (1988) – The Supreme Court ruled that mere mental illness is not enough; it must be so severe that the marriage cannot continue.

(vi) Leprosy

  • Leprosy, if virulent and incurable, is a valid ground for divorce.
  • However, modern medical advancements have made this ground less relevant today.

(vii) Venereal Disease

  • If a spouse suffers from a contagious sexually transmitted disease (STD), the other spouse can seek divorce.
  • The disease must be serious and communicable.

(viii) Renunciation of the World

  • If a spouse renounces the world and becomes a Sannyasi (monk or nun), the other spouse can seek divorce.
  • The renunciation must be formal and complete.

(ix) Presumption of Death

  • If a spouse has been missing for 7 years or more and is not heard of by anyone, the other spouse can seek divorce.
  • The court presumes the missing spouse as dead under Section 108 of the Indian Evidence Act.

2. Additional Grounds for Divorce (Section 13(2)) – Available to Wives Only

In addition to the above grounds, a Hindu wife can seek divorce under Section 13(2) on the following special grounds:

(i) Husband’s Bigamy

  • If the husband marries another woman while the first wife is alive, the wife can file for divorce.
  • Bigamy is illegal under Section 17 of the Hindu Marriage Act and Section 494 IPC.

(ii) Rape, Sodomy, or Bestiality

  • If the husband is guilty of rape, sodomy, or bestiality, the wife can seek divorce.
  • Bestiality refers to sexual relations with animals.

(iii) Repudiation of Marriage by a Minor Wife

  • If a girl was married before the age of 15, she can repudiate (reject) the marriage after attaining 18 years of age.

(iv) Non-Resumption of Cohabitation After Maintenance Order

  • If the husband has failed to provide maintenance for more than one year despite a court order under Section 125 CrPC, the wife can seek divorce.

3. Divorce by Mutual Consent (Section 13B)

Under Section 13B of the Hindu Marriage Act, both spouses can mutually agree to divorce if:

  1. They have lived separately for at least one year.
  2. They are unable to live together.
  3. They have mutually agreed to dissolve the marriage.

Procedure for Mutual Divorce

  • First Motion – Both parties file a joint petition.
  • Cooling-off Period – Minimum 6 months (can be waived by court).
  • Second Motion – Final confirmation and divorce decree.

Case Law: Amardeep Singh v. Harveen Kaur (2017) – The Supreme Court ruled that the 6-month cooling-off period can be waived if both spouses genuinely want a divorce.

4. Irretrievable Breakdown of Marriage

  • The Supreme Court, in various cases, has recognized irretrievable breakdown of marriage as a ground for divorce.
  • This means that if the marriage is completely broken with no chance of reconciliation, the court may grant divorce even if no legal ground exists under Section 13.

Case Law: Naveen Kohli v. Neelu Kohli (2006) – The Supreme Court recommended adding irretrievable breakdown of marriage as a ground for divorce in Hindu law.

Conclusion

The Hindu Marriage Act, 1955, provides various grounds for divorce, ensuring that spouses trapped in an unhappy marriage can legally separate.

  • Section 13(1) applies to both spouses, covering grounds like adultery, cruelty, desertion, unsound mind, venereal disease, and renunciation.
  • Section 13(2) provides additional grounds for wives, such as bigamy, rape, and non-maintenance.
  • Section 13B allows mutual divorce, making separation easier in irreparable marriages.

Over time, courts have liberally interpreted these grounds to ensure justice and protect individual dignity, making divorce laws more progressive and humane.

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