FIR Online, download legal format. IPC, CPC, CrPC, IP, NI, CP Act

How Divorce can be obtained? What are the grounds for Divorce as per Section 13 of The Hindu Marriage Act 1955. Divorce Petition and grounds to file divorce petition.

Either the husband or wife can file petition for divorce as per section 13 of the Act on any grounds specified under subsections of this Act. Conditions and Provisions related to divorce of marriage under Section 13 of this Act are.
 

 

 

 

Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce.
Section 13 (1) Any marriage solemnized, whether before or after the commencement of the 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 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 include 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

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from veneral 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 willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

 

(1-A) 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 upward after the passing of a decree of 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 the 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;

(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, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (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 ;or

(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 Law (Amendment) Act, 1976.

 

The Hindu Marriage Act (HMA) 1955

Section 2. Application of the Act

Section 3 and 4 of Hindu Marriage Act 1955

Section 5 Conditions for Hindu Marriage.

Section 6 and 7 of Hindu Marriage Act 1955

Section 8 Registration of Hindu Marriages

Section 9 Restitution of Conjugal Rights

Section 10 Judicial Separation

Section 11 Nullity of Marriage and Divorce- Void Marriages

Section 12 Voidable Marriages

Section 13 Divorce

Section 13A Alternate Relief in Divorce Proceedings

Section 13B Divorce by Mutual Consent

Section 14 No Petition for Divorce to be Presented within one year of Marriage

Section 15 Divorced Person, When may marry again

Section 16 Legitimacy of Children of Void and Voidable Marriages

Section 17 Punishment for Bigamy

Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act

Section 19 Court to which Petition shall be presented

Section 20 Contents and Verification of Petitions

Section 21 Application of Act 5 of 1908

Section 21A Power to transfer Petitions in Certain Cases

Section 21B Special Provision relating to trial and disposal of Petitions under the Act

Section 21C Documentary Evidence

Section 22 Proceedings to be recorded and may not be Printed or published

Section 23 Decree of Proceedings

Section 23A Relief for respondent in divorce and other proceedings

Section 24 Maintenance, Pendente lite and Expenses for Proceedings

Section 25 Permanent Alimony and Maintenance

Section 26 Custody of Children

Section 27 Disposal of Property

Section 28 Appeals from Decrees and Orders

Section 28A Enforcement of Decrees and Orders

Section 29 Savings

Home| About Us| Privacy Policy| Disclaimer| Sitemap Contact Us