Grounds for Divorce Under the Hindu Marriage Act

/ Blogs / By

The Hindu Marriage Act provides several legal grounds on which a spouse can seek divorce. While many grounds are common to both husbands and wives, there are a few gender-specific provisions as well.

Common Grounds for Divorce

1. Adultery

Either spouse can file for divorce if the other has voluntarily engaged in sexual intercourse outside of marriage.

2. Cruelty

Mental or physical cruelty that endangers the life, limb, or health of the petitioner constitutes a valid ground for divorce.

3. Desertion

Desertion for a continuous period of at least two years immediately preceding the presentation of the petition qualifies as grounds for divorce.

4. Religious Conversion

If either spouse converts to another religion, the other party may file for divorce.

5. Mental Disorder

Unsoundness of mind or continuous/intermittent mental disorder to the extent that normal married life becomes impossible can be grounds for divorce.

6. Communicable Disease

If the respondent has been suffering from a virulent and incurable form of leprosy, venereal disease, or any other communicable disease, the petitioner may seek divorce.

7. Renunciation of the World

When a spouse renounces the world by entering a religious order, the other spouse may file for divorce.

8. Presumption of Death

If a spouse has not been heard of as being alive for a period of seven years or more, they may be presumed dead, allowing the other spouse to petition for divorce.

9. Mutual Consent

Both spouses can jointly petition for divorce if they have been living separately for at least one year and have mutually agreed that the marriage should be dissolved.

10. No Resumption of Cohabitation

If there is no resumption of cohabitation between the spouses for one year or more after a decree of judicial separation or decree of restitution of conjugal rights, either party can seek divorce.

Grounds Available Exclusively for Women

1. Rape, Sodomy, or Bestiality

A wife can seek divorce if her husband has, after the solemnization of the marriage, been guilty of rape, sodomy, or bestiality.

2. Non-Resumption of Cohabitation After Maintenance Order

A wife can file for divorce if cohabitation has not resumed for one year or more after she has obtained a maintenance order under Section 125 of the Code of Criminal Procedure.

3. Marriage Before Age 15

If a wife was married before reaching the age of 15 and she repudiates the marriage before turning 18, she can file for divorce.

4. Husband’s Remarriage

If the husband has remarried while the previous marriage is still subsisting, the wife can seek divorce.

Conclusion

The Hindu Marriage Act provides comprehensive grounds for dissolving a marriage while ensuring that both parties’ rights are protected. While most grounds are available to both spouses, the law provides additional protections to women to address specific vulnerabilities they may face in marital relationships.

Note: This blog post provides general information about divorce grounds under the Hindu Marriage Act and should not be considered legal advice. Laws may vary by jurisdiction and can change over time. Please consult a qualified legal professional for advice specific to your situation.

LEGAL DISCLAIMER

In accordance with the regulations established by the Bar Council of India, legal practitioners are expressly prohibited from engaging in solicitation or advertising.

 This website (www.advanuradhahegde.com) is intended solely to provide objective informational content regarding the professional services of Advocate Anuradha Hegde.

NOTICE TO WEBSITE VISITORS:

By accessing this website, the visitor hereby acknowledges and affirms the following terms:

*        The visitor has accessed this website voluntarily, whether directly or via search engine referral, for the sole purpose of personal information acquisition.

*        No communication contained herein shall be construed as solicitation, invitation, or inducement of any nature whatsoever from Advocate Anuradha Hegde to establish a professional Advocate-Client relationship.

*        The contents of this website do not constitute legal advice or opinion for any specific matter, and reliance thereupon is strictly at the visitor's sole discretion and risk.

*        Advocate Anuradha Hegde expressly disclaims all liability for any consequences arising from actions taken by visitors in reliance upon information contained herein.

*        The website hereby disclaims any and all liability to any person for losses or damages resulting from errors or omissions, irrespective of whether such errors or omissions result from negligence, accident, or any other cause whatsoever.

*        No warranty, express or implied, is extended regarding the interpretation, accuracy, or application of information presented herein.

*        For resolution of legal matters, consultation with qualified legal counsel duly licensed to practice in the relevant jurisdiction is essential and strongly advised.

*        External hyperlinks provided on this website shall not be interpreted as endorsements, referrals, or affiliations with the linked entities.

*        Visitors are hereby notified that electronic communications, including email, may not maintain confidentiality when transmitted via internet protocols.

*        This website functions exclusively as a complimentary legal information resource.

Continued use of this website constitutes formal acknowledgment and acceptance of all terms and conditions herein stated.

I Agree