In this article we are discussing the grounds for divorce under the Hindu Marriage Act, 1955 so what are the Grounds for divorce the Hindu Marriage Act, 1955 ?
In the Hindu religion marriage considered a sacred concept. Once the men and women become husband and wife then they can not be separated from each other. from the ancient Vedic era it is a ritual and a divine thing.
All the ancient Hindu laws (except Kautilya’s Arthashastra) do not recognise divorce. According to Manu, the Death of one spouse is the only way to end the marriage.
According to Kautilya’s Arthashastra, to dissolve the marriage there must consent of both parties and it should happen through mutual consent
What are the Grounds for divorce under the Hindu Marriage Act, 1955
Section 13(1) of The Hindu marriage act,1955 gives the grounds on which one spouse can take the divorce from another.
1) Cruelty-
the word cruelty is not defined by the Hindu Marriage Act, 1955 but section 498A of the Indian penal code defines cruelty. cruelty can be physical or mental. False accusation of adulatory also considered as mental cruelty. There are lots of things that we can consider cruelty. They are as follows
1) A spouse living an immoral life.
2) False accusation of adultery.
3) Humiliating spouse
4) Demand of dowry
5) Force to abort the child.
Important case laws –
- Nirmala Manohar Jagesha vs. Manohar Shivram Jagesha
- Balram Prajapati vs. Susheela Bai
- Savitri Pandey vs. Prem Chandra Pandey
- Pravin Mehta vs. Inderjeet Mehta
- Gurbux Singh vs. Harminder Kaur
2) Adultery
In many countries adultery not considered as a ground of seeking divorce but in India adultery is a ground for divorce. Adultery means intercourse between a married person with another person.
Important case laws –
- Subbaramma v. Saraswati Court[
- Swapna Ghose v. Sadanand Ghose
3)Insanity
If one of the spouses is unsound mind then this is one of the important ground for seeking divorce the Hindu Marriage Act, 1955. Insanity means unsound mind. The mental disorder also comes under the concept of Insanity.
Important case laws –
- Alka Sharma v. Abhinesh Chandra Sharma
4)Desertion
If one of the spouses voluntarily leaves their spouse for a period of at least two years, a divorce can be filed on the ground of Desertion.
5)Renunciation
If the other party has renounced the world then he/she can get a divorce. Anyone who does so is considered civilly dead.
6)Conversion
Conversion is also an important Ground for divorce under the Hindu Marriage Act, 1955. If one of the spouses converts to any other religion without the consent of another spouse then the other spouse can seek the divorce on the ground of conversion.
7)Venereal Disease
If one of the spouses going through a serious disease and if it is communicable then the other spouse can approach the court for divorce on the ground of Venereal Disease
8)Presumption of Death
A spouse can file a divorce case if other spouse has not been heard to be alive for at least seven years. But the burden of proof lies on the petitioner.
What are the Grounds for divorce?
