Section 13 – Hindu Marriage Act – Divorce.

Code:

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

(i) Has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) Has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) Has ceased to be a Hindu by conversion to another religion; or

(iii) Has been incurably of unsound mind, or 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.

Explanation: In this clause,—

(a) The expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, or any other disorder or disability of mind and includes schizophrenia;

(b) The expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or

(v) Has been suffering from venereal disease in a communicable form; or

(vi) Has renounced the world by entering any religious order; or

(vii) Has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

Explanation: In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—

(i) That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,—

(i) In the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition; or

(ii) That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy, or bestiality; or

(iii) That in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;

(iv) That her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation: This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).

Explanation:

This section outlines the grounds on which a Hindu marriage can be dissolved by a decree of divorce. It provides several grounds for both husbands and wives, including:

• Adultery: Voluntary sexual intercourse with someone other than the spouse after the marriage.
• Cruelty: Treating the other spouse with cruelty, either physical or mental.
• Desertion: Abandonment by one spouse without reasonable cause for at least two years.
• Conversion to Another Religion: One spouse ceasing to be a Hindu by converting to another religion.
• Incurable Unsound Mind: One spouse being incurably of unsound mind or suffering from a mental disorder that makes living together unreasonable.
• Venereal Disease: Suffering from a communicable form of venereal disease.
• Renunciation of the World: One spouse entering a religious order and renouncing worldly life.
• Presumption of Death: One spouse missing and not heard of for seven years or more.
• Judicial Separation: No resumption of cohabitation for at least one year after a decree of judicial separation.
• Restitution of Conjugal Rights: No restitution of conjugal rights for at least one year after a decree for restitution of conjugal rights.
• Bigamy: In marriages solemnized before the Act, a husband marrying again before the Act or having another wife alive at the time of the marriage.
• Rape, Sodomy, or Bestiality: The husband committing rape, sodomy, or bestiality after the marriage.
• Maintenance Award: A decree for maintenance being passed against the husband for the wife, with no resumption of cohabitation for a year.
• Child Marriage: The wife’s marriage (whether consummated or not) being solemnized before the age of 15, and her repudiation of the marriage after 15 but before 18.

Illustration:

Suppose a wife discovers that her husband has been having an affair and has been engaging in extramarital sexual relations. She can file for divorce based on the grounds of adultery (section 13(1)(i)).

Common Questions and Answers:

Q: What is the difference between desertion and separation?

A: Desertion implies a unilateral act of abandonment without consent. Separation can be either mutual or by court order.

Q: Can a spouse be granted divorce on the grounds of mental illness if the other spouse is receiving treatment?

A: Yes, if the mental illness is considered incurable or if it causes severe disruptions in the marriage making it impossible for the petitioner to reasonably live with the respondent.

Q: Can a divorce be granted on the grounds of a child marriage if the marriage was consummated?

A: Yes, the grounds for divorce based on a child marriage apply even if the marriage was consummated, provided the wife repudiated the marriage after attaining the age of 15 but before 18.