What are the grounds for divorce under the Hindu Marriage Act, 1955?

Answer

A: Grounds include adultery, cruelty, desertion for two years, conversion to another religion, unsoundness of mind, and more..

Answer

A:

Under the Hindu Marriage Act, 1955, the grounds for divorce are specified in Sections 13(1) and 13(2). These grounds allow both husband and wife to seek a divorce under certain circumstances. Here are the primary grounds for divorce:

Grounds for Divorce under Section 13(1) (Available to Both Husband and Wife):

1. Adultery: If one spouse has had voluntary sexual intercourse with someone other than their spouse, the other spouse can file for divorce.

2. Cruelty: If one spouse has treated the other with cruelty (either physical or mental), the affected spouse can seek a divorce. This includes acts of domestic violence, verbal abuse, emotional harm, etc.

3. Desertion: If one spouse deserts or abandons the other without any reasonable cause for a continuous period of at least two years immediately before filing the petition, the deserted spouse can seek a divorce.

4. Conversion: If one spouse has converted to another religion and is no longer a Hindu, the other spouse can file for divorce.

5. Mental Disorder: If one spouse is suffering from an incurable mental disorder or insanity to the extent that the other spouse cannot reasonably be expected to live with them, a divorce can be sought.

6. Leprosy: If one spouse has been suffering from a virulent and incurable form of leprosy, the other spouse can file for divorce.

7. Venereal Disease: If one spouse is suffering from a communicable venereal disease, the other spouse can seek a divorce.

8. Renunciation of the World: If one spouse has renounced the world by entering a religious order (like taking Sannyasa), the other spouse can file for divorce.

9. Presumption of Death: If one spouse has not been heard of as being alive for at least seven years by those who would naturally have heard about them, the other spouse can seek a divorce.

Grounds for Divorce under Section 13(2) (Available Exclusively to the Wife):

1. Bigamy: If the husband has remarried while his first wife is still alive and the marriage is valid, the first wife can file for divorce.

2. Rape, Sodomy, or Bestiality: If the husband is guilty of committing rape, sodomy, or bestiality, the wife can seek a divorce.

3. Repudiation of Marriage: If the wife was married before she turned 15 and has repudiated the marriage before turning 18, she can seek a divorce.

4. Maintenance Decree: If the husband has neglected or failed to provide maintenance to the wife and she has obtained a maintenance decree from the court under Section 125 of the CrPC, 1973 or under the Hindu Adoptions and Maintenance Act, 1956, and the couple has not cohabited for at least one year, the wife can file for divorce.

Additional Grounds for Divorce by Mutual Consent (Section 13B):

1. Mutual Consent: Both spouses can jointly file for divorce on the ground that they have been living separately for at least one year, have not been able to live together, and have mutually agreed that the marriage should be dissolved.

Conclusion:

The Hindu Marriage Act, 1955 provides both general grounds available to both spouses, as well as specific grounds for the wife to seek divorce. The Act aims to protect the rights and welfare of both parties in a marriage and offers a legal framework for divorce in various circumstances.

For detailed legal guidance, it is recommended to consult a qualified lawyer who specializes in family law.