What are the legal grounds for divorce under Hindu Marriage Act?

The Hindu Marriage Act, 1955, governs the marriage and divorce laws for Hindus in India. Divorce under this Act is a legal process that allows for the dissolution of a marriage based on certain grounds. The Act outlines specific legal grounds on which a spouse can file for divorce. These grounds provide a framework for the dissolution of the marital bond, ensuring that the process is fair and just for both parties involved.

Legal Grounds for Divorce under Hindu Marriage Act (Section 13)

• Adultery (Section 13(1)(i))

Adultery is defined as a voluntary sexual intercourse between a married person and someone other than their spouse. If a spouse is guilty of adultery, the other spouse has the right to file for divorce. For this ground to be valid, it must be proven that the spouse engaged in an extramarital affair.

• Cruelty (Section 13(1)(ii))

Cruelty is one of the most common grounds for divorce. It can be physical or mental abuse that makes the marital relationship unbearable. This can include physical violence, verbal abuse, emotional torture, or any behavior that endangers the well-being of the other spouse. For cruelty to be a valid ground, the victim must prove that it has made the marriage intolerable.

• Desertion (Section 13(1)(iii))

Desertion refers to the abandonment of one spouse by the other without a reasonable cause for a continuous period of at least two years. Desertion is considered a valid ground for divorce when one spouse has left the other without consent or justification and has not returned for a prolonged period.

• Mental Disorder (Section 13(1)(iii))

If a spouse is suffering from a mental illness or disorder, making them incapable of performing the marital obligations, the other spouse can seek a divorce. However, this ground can only be invoked if the mental disorder is of such a nature that it prevents the spouse from living together in a normal relationship.

• Incurable Disease (Section 13(1)(iv))

If a spouse is suffering from a contagious or incurable disease (e.g., leprosy or HIV/AIDS) at the time the divorce petition is filed, the other spouse can file for divorce. This ground ensures that the other spouse does not have to endure the risks associated with living with someone who has a serious, incurable illness.

• Conversion to Another Religion (Section 13(1)(ii))

If a spouse converts to another religion, it may be used as a ground for divorce under the Hindu Marriage Act. The conversion must be voluntary and a formal change of faith, leaving the marriage unworkable due to religious differences.

• Bigamy (Section 13(1)(i))

If one of the spouses marries again while the first marriage is still valid (except for cases of widowhood), it is considered bigamy. A spouse can file for divorce if the other spouse has remarried during the marriage without the dissolution of the previous marriage.

• Failure to Maintain (Section 13(1)(v))

If a spouse fails to provide financial support (maintenance) to the other spouse or refuses to provide for them, it can be a ground for divorce, especially in cases where the deserted spouse suffers from financial distress.

Additional Grounds for Divorce

• Non-consummation of Marriage

If the marriage has not been consummated due to either party's refusal or inability to engage in sexual intercourse, this can be a valid ground for divorce. However, this ground does not apply if the refusal is due to reasons like mental or physical disability.

• Domestic Violence

Domestic violence, although not explicitly mentioned in the Hindu Marriage Act, can be used as a ground for divorce under the broader umbrella of cruelty. If a spouse is subject to physical, emotional, or sexual abuse, they can seek a divorce on the grounds of cruelty.

• Separation

If a married couple has been living separately for more than two years, either party can file for divorce on the grounds of separation.

Conditions for Divorce Grounds to be Valid

• Proof Requirement: The spouse seeking divorce must provide sufficient evidence to prove the grounds for divorce, such as medical records, photographs, witness testimonies, or written communication.
• Time Limit: Some grounds, like desertion or mental disorder, require a continuous period of separation or illness, generally for a minimum of two years.
• Cooling-Off Period: The court may impose a cooling-off period of six months before granting a divorce, allowing the couple a final opportunity to reconcile. However, this period can be waived in certain circumstances.

Example

Suppose a wife has been physically abused by her husband for several years, enduring regular instances of violence and verbal insults. After seeking medical treatment and filing a police report, she decides to file for divorce under the grounds of cruelty.

Steps the wife should take:

• Collect medical records and police reports documenting the abuse.
• File a divorce petition in the family court under Section 13(1)(ii) (cruelty).
• Attend the court hearings and present evidence supporting her claim.
• If the court is satisfied with the evidence, a decree of divorce will be granted.

Alternatively, if a husband discovers that his wife has had an extramarital affair and has evidence (such as photographs or messages), he can file for divorce under the ground of adultery.