The concept of Divorce under The Hindu Marriage Act, 1955

Divorce under The Hindu Marriage Act, 1955.

According to The Hindu Marriage Act-1955, defines divorce as a dissolution of the marriage. Divorce is permitted only for a grave reason otherwise given other alternative.

No petition for Divorce within one year of Marriage

• As per Section 14, no Court will entertain the petition of divorce within the one year of the marriage. 
• But can be entertained if the matter is related to bigamy, and where the consent of the spouse was taken through misrepresentation, fraud, undue influence etc.

Divorce with Mutual Consent

• As per Section 13B, the person can file the petition for divorce by mutual consent of both the parties. If the parties want to dissolve their marriage as a mutual consent are required to wait for one year from date of marriage. 
• They have to show that they are living separately for one or more year and not able to live with one another.

Divorce under Hindu Marriage Act, 1955

• In the Hindu Marriage Act, spouse can get divorce or appeal for dissolution of marriage in the court of law based on grounds discussed below. 
• (Section 13(1)) provides the grounds on which any one (husband/wife) can approach the court of law and seek the remedy of divorce. 
• Section 13(2) provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.

Grounds of Divorce(Any one of the ground is necessary to apply for divorce)

1. Adultery

• The concept of Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. 
• Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy (marrying someone while already married to another person), the person is liable for the Adultery.  

Base of Adultery:

• One of the spouses involved in the intercourse with another person, married or unmarried, of the opposite sex.
• Intercourse should be voluntary and consensual.
• At the time of the act, the marriage was subsisting.
• There must be sufficient circumstantial evidence to prove the liability of another spouse.

2. Cruelty

• The concept of cruelty includes physical and mental cruelty. 
• Physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. 
• Mental Cruelty is lack of kindness which adversely affects the health of the person. Well it is easy to determine the nature of physical cruelty but difficult to say about mental cruelty

What is considered as Mental Cruelty against Husband by wife?

• Humiliating the husband in front of his family and friends.
• Undertaking the termination of pregnancy without husband consent.
• Making false allegation against him.
• Denial for Martial Physical Relationship without a valid reason.
• Wife having affair.
• Wife living an immoral life.
• The constant demand for money.
• Aggressive and uncontrollable behaviour of Wife.
• Ill-treatment to the husband parents and family.
• Forcing to live or to be separate from parents.

What considered as Mental Cruelty against wife by Husband?

• False accusation of adultery.
• The demand for dowry.
• Impotency of Husband.
• Force to abort the child.
• The problem of drunkenness of husband.
• Husband having affairs.
• The husband lives an immoral life.
• Aggressive and uncontrollable behaviour of the husband.
• Humiliating the wife in front of family and friends

3. Desertion

• Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. 
• In General, the rejection of the obligations of marriage by one party.  

4. Conversion

• If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.

5. Insanity

• Insanity means when the person is of unsound mind. 
• The respondent has been incurably of unsound mind.
• The respondent has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

6. Leprosy

• Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce.

7. Venereal Disease

• Under this concept, if the disease is in communicable form and it can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.

8. Renunciation

• It means when one of the spouses decide to renunciate the world and walk on the path of the God, then the other spouse can approach the court and demand the divorce. 
• In this concept the party who renunciates the world is considered as civilly dead. It is a typical Hindu practice and considered as a valid ground for divorce.

9. Presumption of Death

• In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. 
• It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.

Remarriage of Divorced Person

• As per Section 15, after the marriage gets dissolved and no further petition was filed by any of the spouses against the order of the court and the time for appeal has expired. 
• At that time it is assumed that both the spouse are satisfied. Then only the divorced person can marry again.