In this article you will learn about the Divorce under Hindu Marriage Act.
Divorce under Hindu Marriage Act
Divorce under the Hindu Marriage Act, 1955, provides a legal way for married couples to terminate their marriage. The Act outlines specific grounds on which a divorce can be sought and the procedures involved. Here are key points related to divorce under the Hindu Marriage Act :
The Hindu Marriage Act specifies several grounds on which either the husband or the wife can file for divorce. These grounds include :
- Adultery
- Cruelty
- Desertion for a continuous period of at least two years
- Conversion to another religion
- Mental disorder
- Virulent and incurable form of leprosy
- Venereal disease in a communicable form
- Mutual consent (where both parties agree to divorce)
Grounds for Divorce
Adultery (Section 13(1)(i))
If either party engages in voluntary sexual intercourse with a person other than their spouse, it is considered adultery. Adultery is a valid ground for divorce.
Cruelty (Section 13(1)(ia))
Cruelty can be physical or mental. If one spouse treats the other with such cruelty that it makes it impossible for them to live together, it constitutes a ground for divorce.
Desertion (Section 13(1)(ib))
If one party deserts the other for a continuous period of at least two years immediately preceding the filing of the divorce petition, it is considered desertion and is a valid ground for divorce.
Conversion to Another Religion (Section 13(1)(ii))
If either party converts to another religion, it is a valid ground for divorce. The spouse can file for divorce on the ground of conversion.
Mental Disorder (Section 13(1)(iii))
If a spouse 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 other spouse cannot reasonably be expected to live with him or her, it is a ground for divorce.
Leprosy (Section 13(1)(iv))
If a spouse has been suffering from a virulent and incurable form of leprosy, it is a valid ground for divorce.
Venereal Disease (Section 13(1)(v))
If a spouse has been suffering from a communicable venereal disease and has failed to give the other spouse notice of the disease before marriage, it is grounds for divorce.
Mutual Consent (Section 13-B)
If both parties mutually agree to dissolve the marriage, they can file for divorce by mutual consent. This is covered under Section 13-B of the Act.
Insanity
The word insane, which denotes being out of a proper state of mind, is where the word insanity originated. Therefore, a person cannot be deemed competent enough to enter into matrimonial bonds if they are incapable of understanding right from wrong, giving consent, or expressing approval or disapproval of what is happening around them. Section 13(1) had defined insanity (iii).
Therefore, the term "mental disorder" connotes abnormal behaviour, restricted or inadequate brain development, psychopathic confusion, or some other problem or brain incapacity, and it also includes schizophrenia.
This article on Divorce under Hindu Marriage Act is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.