The statutory framework
Divorce among Hindus, Buddhists, Jains and Sikhs is governed by Section 13 of the Hindu Marriage Act, 1955. A marriage can be dissolved by a decree of divorce only on the grounds the statute recognises, which must be pleaded and proved before the Family Court.
Grounds available to either spouse
Section 13(1) allows either husband or wife to seek divorce on the following grounds:
[ListParagraph] Adultery, meaning voluntary sexual intercourse with a person other than the spouse.
[ListParagraph] Cruelty, whether physical or mental.
[ListParagraph] Desertion for a continuous period of at least two years immediately before the petition.
[ListParagraph] Conversion to another religion.
[ListParagraph] Unsoundness of mind or a mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent.
[ListParagraph] Communicable venereal disease.
[ListParagraph] Renunciation of the world by entering a religious order.
[ListParagraph] The respondent not having been heard of as alive for seven years or more.
Additional grounds for a wife
Section 13(2) gives a wife further grounds, including that the husband had another wife living at the time of the marriage, that he has been guilty of rape, sodomy or bestiality, that a decree or order of maintenance has been passed and cohabitation has not resumed for a year, and that she was married before the age of fifteen and repudiated the marriage before turning eighteen.
What counts as cruelty
The Supreme Court has repeatedly said that cruelty has no fixed definition and depends on the facts, the social background and the conduct of the parties. In Samar Ghosh v. Jaya Ghosh (2007), the Court listed illustrations of mental cruelty, including sustained unjustified conduct, deep anguish and long separation that has made the marriage unworkable. A single quarrel is not enough. A course of conduct is.
The one year bar
Section 14 prevents a petition for divorce within one year of the marriage, unless the court grants leave because of exceptional hardship to the petitioner or exceptional depravity of the respondent.
Other personal laws
Muslims, Christians, Parsis and couples married under the Special Marriage Act, 1954 are governed by their own statutes, each with its own grounds and procedure. The right forum and the right law depend on how the marriage was solemnised and the faith of the parties, so confirm this before filing.
Frequently Asked Questions
Q. Can I get a divorce if my spouse does not agree?
A. Yes, by filing a contested petition and proving one of the statutory grounds, though this takes longer than a divorce by mutual consent.
Q. Is irretrievable breakdown of marriage a ground?
A. It is not a ground in the Hindu Marriage Act itself, but the Supreme Court can dissolve a marriage on this basis under Article 142, as discussed in our article on mutual consent divorce.
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.