Grounds of Divorce under Hindu Marriage Act, 1955

December 31, 2022
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Through Hindu Marriage Act, 1955, the concept of divorce has been introduced in India. The expression divorce has not been defined in the Act, in simple words it means, dissolution of marriage. Section 13 of the Act provides for the various grounds of divorce:

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1. Adultery: It means consensual and voluntary sexual intercourse outside the marriage, the aggrieved person may seek for divorce.

2. Cruelty: It is a wilful and unjustifiable conduct of a partner against another to cause mental or physical injury, recently Kerala High Court held martial rape as a ground of divorce which falls under the category of cruelty.

3. Desertion: It means abandoning its partner. If either party deserted the other for a continuous period of not less than two years immediately preceding the presentation of the petition.

4. Conversion: If any of the spouse ceased to be a Hindu and converted into other religion will be a ground of divorce.

5. Insanity: If any of the spouse is suffering from any mental disorder continuously or intermittently.

6. Renunciation: When one of the spouses renounce the world and enter into holy affairs other spouse may seek divorce.

7. Presumption of Death: If any of the spouse has not been heard of as being alive for a period of seven years, the other may file divorce petition.

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