"Grounds for Divorce under Hindu marriage act"

Explanation Of Divorce
As we can see, this concept of divorce was virtually non-existent in ancient India. Manu stated that a
spouse could not be freed by exchange or desertion, and that this sacred bond could not be severed.
However, in modern India, the concept of divorce exists and can be used to dissolve a marriage.
Section 13(1) of the Hindu Marriage Act 1955 addresses divorce. Divorce is the process by which a
marriage is dissolved, and after the marriage is dissolved, the couple reverts to their single status and
is free to marry another individual.
Divorce terminates all mutual obligations; the parties are now free to separate, but they continue to be
bound by Section 25, which governs maintenance and alimony, and Section 26, which governs
guardianship, maintenance, and education of children.
However, the Hindu Marriage Act of 1955 specifies only a few circumstances for filing a petition for
divorce and If you are a Hindu seeking a judicial separation or divorce, you may be curious about the
grounds for doing so. The Hindu Marriage Act of 1955 specifies the legal requirements for divorce
and separation in Hindu marriages. In this article, we will discuss the grounds for divorce under the
Hindu Marriage Act, the duration of the proceedings, why divorce by mutual consent is preferable,
legal proceedings, and the husband's and wife's obligation to pay maintenance.
The Hindu Marriage Act provides grounds for divorce which are:
The Hindu Marriage Act contains both fault-based and no-fault divorce provisions. In a divorce based
on fault, the aggrieved spouse must demonstrate that the other spouse has committed a marital
infraction. The bases for a divorce based on fault are:

 Adultery:
When a person engages in sexual activity with someone other than their spouse. Important
components for committing infidelity.
1. Voluntary sexual activity.
2. Sexual relations after marriage.
3. Even if the spouse is not living in adultery, a single act is sufficient grounds for
divorce. Vira Reddy versus Kistamma.
4. Adultery is not contemplated or remedied based on mere suspicion. Arun Kumar
versus nalin.
Before 2018, adultery was a crime under section 497 of the Indian Penal Code (IPC).
However, it was decriminalised in the case of Josephe Shine v. Union of India in order to
safeguard the faith between the husband and wife so that the relationship can be built on trust.
Adultery is currently a ground for divorce but not a crime.

 Cruelty:
It can be both mental and physical.
In the case of Dastane vs. Datane, the Supreme Court stated that while determining whether
cruelty has been committed or not, it is necessary to consider this factor. It is sufficient that
the petitioner has a reasonable apprehension that residing with the offender is harmful or life-
threatening. In the case of Naveen Kohli vs. Neelu Kohli, the Supreme Court ruled that if the
behavior of such a person is such that it is no longer secure to cohabitate, it would also
constitute cruelty. In the case of Kamlesh Kumar Aggarwal vs. Mamta Devi , it was
determined that relative behaviour is not deemed cruel under this section.
 Example: A, a male, and B, a female, were married in accordance with Hindu law. After
marriage, A began assaulting her wife and her family for receiving a smaller dowry. A
committed both physical and mental maltreatment against her wife in this instance. Here, the
wife may file for divorce on the basis of her husband's maltreatment.

 Desertion:
Under this clause, two years of continuous desertion preceding the petition is termed as such.
Animus Deserendi is the intention to terminate cohabitation permanently. This is contrary to
resuming cohabitation.
Important factors contributing to desertification;
Evidence of separation
animus deserendi is an element of permanence that necessitates the continuation of the
aforementioned two conditions for the statutory period of two years.
In the case of Lakkaraju Pradma Priya vs. Lakkaraju Shyam Prasad, it was determined that a
decree for divorce on the grounds of desertion cannot be granted when there is no intention to
desert and it can be demonstrated through unusual circumstances that the other spouse was
aware of certain things.
In the case of Arup Harza vs. Manish Harza, the woman fled her marital home and claimed
her husband demanded dowry, but it was later established through evidence that no such
demand was made. She fled the marital home for no apparent reason and demanded dowry to
retrieve her belongings. Her intent to dissolve the marriage was established, and therefore the
spouse was entitled to a decree of divorce on the grounds of desertion.

 Conversion to a different faith:

Lets explain this with an Example A, male and B, female got married to each other according
to Hindu law. After marriage, A converted himself to Christianity. here, wife can claim decree
of divorce against her husband on the ground of conversion to another religion.

 Mental disorder:
In the case of B.N. Panduranga Shet vs. S.N. Vijaylakshmi [9], it was determined that the
mental disorder must be so severe that it would be unbearable to continue the marriage.
In the case of Hema Reddy v. Rakesh Reddy, the distinction between mental disorder and
psychological depression was established, and it was determined that mental disorder is a
ground for divorce under the statute, whereas psychological depression is not, so a divorce
decree would be granted automatically.
A, a male, and B, a female, were married in accordance with Hindu law. A developed a
mental disorder and began engaging in unacceptable behaviour, including striking his wife,
taking a knife, and assaulting her. The wife took her husband to the best facilities in the city,
but the doctor said that he would not recover. She feared for the life of her spouse. In this
situation, the wife can file for divorce on the basis of her husband's mental illness.

 Venereal disease:
Example: A, male and B, female got married to each other according to Hindu law. A had got
venerable disease of HIV/AIDS as per the expertise(doctor). here, wife can claim decree of
divorce against her husband on the grounds of venerable disease.

 Leprosy that is contagious and incurable.

Example: A, a male, and B, a female, were married in accordance with Hindu law. A had
leprosy symptom, so his wife brought him to the hospital, where the doctor informed her that
 her husband's leprosy is incurable. Leprosy allows the wife to file for divorce from her spouse
in this case.

 Abandonment of the globe:

Example: A, male and B, female got married to each other according to Hindu law. A had
renounced the world and join the priests leaving behind his family. here, wife can claim
decree of divorce against her husband on the grounds of renouncing of world.

 Not heard from in seven years; presumed deceased.

A, a male, and B, a female, were married in accordance with Hindu law. A moved from Delhi
to Mumbai for his employment. And despite the efforts of his entire family, he was not
located for over seven years. Here, the wife may file for divorce based on the presumed
demise of the spouse.

The spouse may file for a no-fault divorce on the basis of irretrievable breakdown of the marriage if
he or she is unable to substantiate any of these grounds. The spouse must convince the court that the
marriage has ended irretrievably and that reconciliation is not possible.
Duration of the Proceedings
The duration of divorce or legal separation proceedings can vary depending on factors such as the
case's complexity, the judge's availability, and the number of pending cases before the court.
Typically, the proceedings last between six months and two years.
Why Mutual Consent Divorce is Better?
Mutual divorce instances in India occur when both parties consent to the dissolution of the marriage.
However, for this form of divorce to be granted, the couple must live apart for a year before legal
proceedings can begin. (Section 13B of the Hindu Marriage Act). After that, however, mutual divorce
proceedings progress at a rapid pace. The couple then submits a mutual divorce petition to the court.
They are not required to provide any grounds for divorce other than the fact that the relationship has
reached an irreparable state. By mutual consent, a marriage can be ended more quickly and amicably.
The parameters of the divorce, including the division of assets and liabilities, child custody, and
maintenance, must be agreed upon by both parties. Once the court determines that the terms of the
settlement are equitable and reasonable, it will grant the divorce.
Proceedings in Accordance with the Law
The proceedings for divorce or judicial separation must comply with the Hindu Marriage Act's
stipulations. The spouse requesting a divorce must file a petition with the family court or district court
in the jurisdiction where the marriage was solemnised or where the couple last resided. The petition
must include the grounds for divorce and the requested relief. The spouse must also serve the other
spouse with a copy of the petition.
Responsibility of Husband or Wife for Maintenance
In the event of a divorce or legal separation, one spouse may be required to pay maintenance to the
other. The amount of maintenance will be determined by a number of variables, including the parties'
income and assets, the standard of living enjoyed during the marriage, and the requirements of the
spouse seeking maintenance. During the proceedings, the court may also order the spouse to pay
interim maintenance.
Conclusion
Divorce or legal separation can be an emotionally taxing and difficult procedure. Before filing for
divorce, it is essential to comprehend the legal provisions for divorce under the Hindu Marriage Act
and to consult with an attorney. By mutual consent, a marriage can be ended more quickly and
amicably. The duration of the proceedings can vary depending on a number of variables, as can the
obligation of the husband or wife to pay maintenance. Conclusion
Hindus view marriage as a sacred union. Before the Hindu Marriage Act of 1955, divorce was not
permitted. The concept of divorce was radical for Indian society at the time. The silent victims of such
a rigid system were the spouses. However, circumstances have changed and the social hierarchy has
shifted. Currently, the law provides a means to end an unhappy marriage by filing for divorce in court.
The actual beneficiaries of such a provision are women, who are no longer required to silently tolerate
harassment or injustice at the hands of their husbands.
However, due to the manner in which the judiciary is addressing the issue of irretrievable marriage
breakdown, it is anticipated that this will completely halt the marriage system. Every theory has both
positive and negative characteristics. Their applicability varies from circumstance to circumstance.
Therefore, it is of the utmost importance that our nation's legislators approach this issue with extreme
caution after carefully contemplating its future implications.