{"id":5759,"date":"2025-10-08T23:05:17","date_gmt":"2025-10-08T17:35:17","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5759"},"modified":"2025-10-08T23:17:53","modified_gmt":"2025-10-08T17:47:53","slug":"grounds-of-divorce-under-the-hindu-marriage-act1955","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/10\/08\/grounds-of-divorce-under-the-hindu-marriage-act1955\/","title":{"rendered":"Grounds Of Divorce Under The Hindu Marriage Act,1955"},"content":{"rendered":"\t\t
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Author: Jyotirmoy Biswas and Khushi Purohit,\u00a0 2nd <\/sup>Year BBA-LLB(H) Students, at Techno India University, West Bengal<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Introduction <\/b>\u00a0<\/b><\/p>\n

According to Hindu law, marriage can be defined as a holy union or a sacred tie between a\u00a0 man and a woman which is performed by following several age-old customs or rituals.\u00a0 \u201cSaptapadi\u201d which means seven steps, is one of the important rituals for Hindu marriage. The\u00a0 couple takes seven steps around the holy fire and this symbolizes a promise of them being\u00a0 together forever. Hindu marriage is a sacrament unlike Muslim marriage which is treated as a\u00a0 contract. It was codified in the year 1955 and \u201cThe Hindu Marriage Act, 1955\u201d became a law\u00a0 on 18<\/span>th <\/span>May, 1955. The Act aimed to bring uniformity and legal recognition to marriages\u00a0 while also providing provisions for separation or divorce. The codification reflected the\u00a0 constitutional principles of equality and justice, particularly for women who belonged from a\u00a0 historically disadvantaged position. Before this codification, there was no provision for\u00a0 women who sought separation or divorce from their husband.\u00a0<\/span><\/p>\n

In this article, we will explore the grounds of divorce available to both husband and wife,\u00a0 special divorce provisions available only for the wife and judicial separation. \u201cDivorce\u201d\u00a0 under Hindu Marriage Act can be defined as the legal dissolution of a marriage by a Court\u2019s\u00a0 order or decree. This can happen due to several reasons such as adultery, conversion to other\u00a0 religion or desertion to name a few. Before opting for divorce the parties may pray for a\u00a0 decree of \u201cjudicial separation\u201d in which they will stop to co-habit with each other and live\u00a0 separately.\u00a0<\/span><\/p>\n

Judicial Separation<\/b>\u00a0<\/b><\/p>\n

\u201cJudicial Separation\u201d has been mentioned in Section 10 of The Hindu Marriage Act. This in\u00a0 simpler terms means that a couple will pray for a Court\u2019s order to live separately and\u00a0 continue till further order is passed<\/span>1<\/span>. Grounds for filing a petition for judicial separation are mentioned in Section 13(1) and (2) of the Act, which is the same for a divorce petition. <\/span><\/p>\n

When\u00a0\u00a0<\/span>an order of judicial separation is passed the couple can no longer co-habit with each other till\u00a0 further order is passed by the Court or the current petition is dismissed.\u00a0 Judicial separation is basically a chance given to the spouses to live apart and reflect on their\u00a0 relationship before taking the final step of divorce. If during this period there is no chance of\u00a0 reconciliation then they may opt for the final step i.e. divorce. In <\/span>Hirachand Srinivas\u00a0 Managaonkar v. Sunanda <\/span><\/i>(2001), the Supreme Court of India stated that a decree of judicial\u00a0 separation only suspends certain marital obligations without dissolving the matrimonial\u00a0 bond<\/span>2<\/span>.\u00a0<\/span><\/p>\n

Statutory Grounds for Divorce<\/b>\u00a0<\/b><\/p>\n

The parties may opt for a divorce if they do not reconcile during judicial separation.\u00a0 \u201cDivorce\u201d under this Act means the dissolution of a marriage by a Court\u2019s decree based on\u00a0 several grounds such as adultery, mental disorder, renunciation of the world etc. However,\u00a0 Section 14 states that a petition for divorce cannot be filed within one year of the marriage\u00a0 except in exceptional situations. Let us now explore the various grounds for divorce.\u00a0<\/span><\/p>\n

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  1. <\/b>Adultery[Section 13(1)(i)] <\/b>:- The act of voluntarily having sexual intercourse outside\u00a0 the marriage is known as adultery. Section 13(1)(i) of the Act states that if any one of\u00a0 the spouses voluntarily had sexual intercourse with a person other than their spouse after\u00a0 the solemnization of the marriage, it constitutes a ground for divorce. The aggrieved\u00a0 spouse can file a petition for divorce to dissolve the marriage. In <\/span>Hirachand Srinivas\u00a0 Managaonkar v. Sunanda <\/span><\/i>(2001), the Supreme Court of India stated that the husband\u2019s\u00a0 continued adultery is an ongoing matrimonial offence and is not wiped out by a decree\u00a0 of judicial separation<\/span><\/li>\n
  2. <\/b>Cruelty[Section 13(i)(ia)] <\/b>:- This particular provision deals with cruelty. If one of the\u00a0 spouses treats the other with cruelty then divorce can be sought. In <\/span>Samar Ghosh v. Jaya Ghosh <\/span><\/i>(2007), the Supreme Court reversed the judgement of the High Court and\u00a0 restored the Trial Court\u2019s decree of divorce which was granted based on mental cruelty<\/span>5<\/span>.\u00a0 This is a landmark precedent which made courts accept the mental aspect of cruelty.\u00a0<\/span><\/li>\n
  3. <\/b>Desertion[Section 13(i)(ib)] <\/b>:- If a spouse abandons the other for a period of more than\u00a0 two years then the other spouse can file for divorce under this section. Mere temporary <\/span>absence or a short quarrel does not constitute desertion and that there must be clear\u00a0 evidence of sustained abandonment.\u00a0<\/li>\n<\/ol>\n
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    1. <\/b>Religious Conversion[Section 13(ii)] <\/b>:- When one of the spouses ceases to be a hindu\u00a0 i.e. converts to another religion then the other spouse can seek divorce under Section\u00a0 13(ii) of the Act. The rationale behind this provision is that a change in religion often\u00a0 leads to irreconcilable differences disrupting the shared religious, cultural and moral\u00a0 framework of the marriage.\u00a0<\/span><\/li>\n
    2. <\/b>Unsound Mind[Section 13(iii)] <\/b>:- Mental disorder is a valid ground for divorce under\u00a0 this Act. If a spouse is suffering from any mental illness continuously or intermittently\u00a0 and it has become impossible for the two to live together, then the other spouse may file\u00a0 for a petition of divorce. Section 13(iv) was omitted in 2019.\u00a0<\/span><\/li>\n
    3. <\/b>Venereal Disease[Section 13(v)]<\/b> :- If a spouse has been suffering from a venereal\u00a0 disease in a communicable form, the other spouse may seek divorce. The motive is to\u00a0 protect the health, safety and marital welfare of the non-infected spouse. However,\u00a0 provisions regarding leprosy were removed as they were considered outdated.\u00a0<\/span><\/li>\n
    4. <\/b>Renunciation of the World[Section 13(vi)] <\/b>:- A person is said to renounce the world\u00a0 when they abandon worldly pleasures, societal and marital ties and ultimately becomes an ascetic. In this scenario, the other spouse can seek divorce using this ground. This\u00a0 provision protects the non-renouncing spouse from being forced to remain in a marriage\u00a0 where the other spouse has clearly and permanently abandoned marital obligations.\u00a0<\/span><\/li>\n
    5. <\/b>Missing for a period of seven years or more[Section 13(vii)] <\/b>:- The law presumes a\u00a0 missing person may be dead after 7 years of no communication. Section 108 of The\u00a0 Indian Evidence Act, 1872 states that if a person has not been heard of for seven years,\u00a0 the burden of proving they are alive rests on the person claiming so. This principle has\u00a0 been strengthened by the precedent of <\/span>Smt. Romila Chadha v. The State(Government of\u00a0 Delhi) <\/span><\/i>(2023) in which a District Court of Delhi granted death certificate of the\u00a0 plaintiff\u2019s father to her after her father had been missing for more than seven years<\/span>6<\/span>. This same principle is applicable in Hindu Marriage Act. If one of the spouses is\u00a0 missing for more than 7 years then the other spouse can seek divorce.\u00a0<\/span><\/li>\n<\/ol>\n

      These above mentioned provisions are available to both the husband and wife maintaining\u00a0 equality and mutual protection under The Hindu Marriage Act, 1955. However the\u00a0\u00a0<\/span>provisions mentioned later is available only to the wife reflecting special protection granted\u00a0 to the wife.\u00a0<\/span><\/p>\n

      Special Provisions of Divorce available only for the Wife <\/b>Till now the provisions available to both husband and wife has been discussed. However,\u00a0 since women were historically in a disadvantageous position in society, The Hindu\u00a0 Marriage Act, 1955 provides certain special provisions for divorce exclusively available to\u00a0 the wife, aimed at protecting her rights, security and welfare within the marriage. Let us\u00a0 now explore the grounds for divorce available only to the wife.\u00a0<\/span><\/p>\n

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      1. <\/b>Pre-Act Marriages and Bigamy[Section 13(2)(i)]<\/b> :- Bigamy is prohibited under\u00a0 Section 10 of The Hindu Marriage Act<\/span>.<\/span> Section 13(2)(i) states that if a woman\u00a0 married a man before this Act came into force and that man was already married i.e. he\u00a0 has a living spouse, then she can challenge the validity of her marriage under this Act. <\/span>This provision ensures that a woman is protected from being forced into a marriage\u00a0 that is legally invalid due to the husband\u2019s prior existing marriage.\u00a0<\/span><\/li>\n<\/ol>\n
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        1. <\/b>Husband\u2019s Sexual Offences[Section 13(2)(ii)] <\/b>:- This particular section states that if a\u00a0 husband has been found guilty of rape(sexual intercourse or assault without consent),\u00a0 sodomy(unnatural sexual acts) or bestiality(sexual activity between human and an\u00a0 animal) after the solemnization of the marriage, then the wife can seek divorce using\u00a0 this as a ground. In <\/span>V. Ganesh v. Maya Sundari<\/span><\/i>, although the Kerala High Court\u00a0 reversed the initial divorce decree passed by a Trial Court, it acknowledged the gravity\u00a0 of the sexual offense bestiality<\/span>8<\/span>. This particular provision is to protect dignity, bodily\u00a0 integrity and overall well-being of the wife ensuring that she is not looked down upon\u00a0 by society.\u00a0<\/span><\/li>\n
        2. <\/b>Divorce through maintenance decree[Section 13(2)(iii)] <\/b>:- If a wife gets a\u00a0 maintenance order in her favor under Section 18 of The Hindu Adoptions and\u00a0 Maintenance Act, 1956 or Section 125 of CrPC, 1973 and continues to live apart for\u00a0 one year after that i.e. there is no co-habitation between them then she can ask for\u00a0 divorce.\u00a0<\/span><\/li>\n<\/ol>\n

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          1. <\/b>Right to annul underage marriage[Section 13(2)(iv)] <\/b>:- This section states that the\u00a0 wife has the right to seek divorce if the marriage, whether consummated or not, was\u00a0 solemnized before she turned fifteen years and after attaining this age she has rejected\u00a0 the validity of the marriage. However, this needs to be done before she attains eighteen\u00a0 years of age.\u00a0<\/span><\/li>\n<\/ol>\n

            The special provisions for divorce exclusively available to the wife are aimed at protecting\u00a0 her rights, dignity and overall well-being. It ensures that she is not stigmatized by the\u00a0 society and her marital rights and overall interests are duly protected.\u00a0<\/span><\/p>\n

            Divorce by Mutual Consent<\/b>\u00a0<\/b><\/p>\n

            A couple can seek divorce mutually i.e. both husband and wife together can present a\u00a0 petition to the district court for divorce. This provision for mutual divorce is provided in\u00a0 Section 13B of the Act. However, there lie certain conditions. First, both the parties must\u00a0 be living separately for at least one year. Second, they both agree that they cannot live\u00a0 together anymore and they have mutual consent to the dissolution of the marriage.\u00a0<\/span><\/p>\n

            After the petition has been filed the couple must wait for six months before the Court can\u00a0 grant them divorce. The petition must be finalized within eighteen months else it will\u00a0 lapse. Meanwhile, during this period either party can withdraw consent if they change\u00a0 their mind.\u00a0<\/span><\/p>\n

            The Court will ensure that their marriage was legally solemnized and their statements in\u00a0 the petition are given voluntarily and are genuine. If the Court is satisfied with its findings,\u00a0 then it may grant a decree of divorce.\u00a0<\/span><\/p>\n

            Difference between Judicial Separation and Divorce <\/b>Though judicial separation can be sought based on the grounds for divorce, it is totally\u00a0 different from divorce. Judicial separation is a decree that allows the couple to live\u00a0 separately without dissolving the marriage i.e. they are still legally married and cannot\u00a0 marry anybody else. Marital duties and cohabitation gets suspended during this period.\u00a0 Court can end decree of judicial separation if reconciliation occurs and they start co habiting. Judicial separation is basically an alternative relief to divorce. The only\u00a0 similarity between judicial separation and divorce is that judicial separation can be sought\u00a0 based on the grounds available for divorce.<\/span><\/p>\n

            On the other hand, divorce is an ultimate decree that dissolves a marriage completely. The\u00a0 parties are free to remarry somebody else since their marriage is dissolved. Both the\u00a0 parties are discharged from their marital duties and responsibilities and they cannot\u00a0 reconcile unless they remarry each other.\u00a0\u00a0<\/span><\/p>\n

            In short, it can be said that judicial separation is a temporary separation between the\u00a0 spouses without ending the marriage and divorce is the complete dissolution of a marriage.\u00a0 Both judicial separation and divorce happens only after a Court\u2019s order.\u00a0<\/span><\/p>\n

            Conclusion<\/b>\u00a0<\/b><\/p>\n

            In conclusion, The Hindu Marriage Act, 1955 clearly lays down the grounds on which a\u00a0 marriage can be dissolved, the most significant provision being adultery. The recognition\u00a0 of adultery as a ground of divorce along with other provisions is meant to protect the\u00a0 dignity and rights of the spouses within the marital relationship.\u00a0<\/span><\/p>\n

            Certain special provisions meant only for the wife are mentioned under Section 13(2) such\u00a0 as pre-act marriages and bigamy of the husband, husband\u2019s sexual offences etc. These\u00a0 special provisions meant only for the wife is aimed at protecting her dignity and to prevent\u00a0 her from getting stigmatized by the society.\u00a0<\/span><\/p>\n

            On the other hand, judicial separation mentioned under Section 10 provides an opportunity\u00a0 for reconciliation before the final step i.e. divorce. Though judicial separation can be\u00a0 sought based on the grounds for divorce, it totally different from divorce. Divorce\u00a0 completely dissolves a marriage whereas judicial separation is a period of temporary\u00a0 separation. After divorce the spouses can remarry but during judicial separation they\u00a0 cannot.<\/span><\/p>\n

            \u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

            Author: Jyotirmoy Biswas and Khushi Purohit,\u00a0 2nd Year BBA-LLB(H) Students, at Techno India University, West Bengal Introduction \u00a0 According to Hindu law, marriage can be defined as a holy union or a sacred tie between a\u00a0 man and a woman which is performed by following several age-old customs or rituals.\u00a0 \u201cSaptapadi\u201d which means seven steps, […]<\/p>\n","protected":false},"author":1,"featured_media":5033,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5759"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5759"}],"version-history":[{"count":7,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5759\/revisions"}],"predecessor-version":[{"id":5767,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5759\/revisions\/5767"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5033"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5759"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}