INDRARAJ DEB SIKDAR

4TH YEAR B.L.S LL.B

ROLL NO. 05
ASSIGNMENT PRESENTATION
GROUNDS
OF DIVORCE
FAMILY LAW - II
The Hindu Marriage Act,1955
WHAT IS DIVORCE

Divorce means putting an end to the marriage by the dissolution of marital

relations. It is the legal dissolution of a marriage by a court or any competent
court. After divorce parties can no longer be husband and wife. The decree
of divorce allows each of the parties to have fresh marriages as they like. In
the modern days, divorce is allowed for the spouses if they cannot live in
compromise to each other. In Hindu law, divorce is governed by Hindu
Marriage Act, 1955.
GROUNDS OF DIVORCE
Section 13(1) of the Act provides the remedy and specifies the grounds
on which either spouse can seek a divorce. There are several grounds
under this section for seeking divorce and provide a legal framework for
individuals who wish to dissolve their marriage. These are as follows:

ADULTERY :

The term 'adultery' refers to voluntary and consensual sexual intercourse

between a married individual and another person of the opposite sex,
regardless of whether that person is married or unmarried. It is important
to note that even if a man engages in sexual intercourse with his second
wife while his first marriage is still valid and recognized by law (i.e., in cases
of bigamy), it still amounts to adultery.
 CRUELTY :
The act recognizes both physical and mental cruelty as grounds for seeking a divorce.
Physical cruelty refers to any act of violence caused by one spouse upon the other,
whereas mental cruelty can be more difficult to define. Mental cruelty comprises
emotional abuse, verbal harassment, and neglect. Essentially, mental cruelty refers to
any behavior or action by one spouse that causes significant emotional distress to the
other spouse. While physical cruelty may be more easily identified and proven through
medical reports or other forms of evidence.
Mental cruelty can be more challenging to establish in court. However, if a spouse can
provide sufficient evidence to demonstrate that they have suffered from emotional
distress due to other spouse's behavior, then it is sufficient grounds for seeking a divorce
on the basis of mental cruelty.
 DESERTION :
It refers to a situation where one spouse abandons the other spouse without any reasonable
justification and without their consent. This abandonment is thus considered permanent in
nature, indicating a complete rejection of the obligations that come with the marriage. Desertion
includes both physical and emotional abandonment. Physical abandonment occurs when one
spouse leaves the marital home and refuses to return or provide any support to the other
spouse. Emotional abandonment occurs when one spouse fails to fulfill their emotional and
psychological needs towards their partner, such as providing love and care. This leads to serious
consequences for the spouse who is left behind, including emotional trauma, financial hardship,
and social stigma. The abandonment must be permanent and without any reasonable
justification.

CONVERTION :
If one of the spouses converts to another religion without the consent of the other spouse, it is
considered a ground for divorce. If one spouse converts to another religion, it may affect the
upbringing of children in the marriage.Therefore, the aggrieved spouse can approach the court
and seek a decree of divorce on the ground of conversion to another religion without their
consent. However, it is important to note that the conversion must be voluntary and not under
any undue influence or coercion.
 INSANITY :
If one spouse is suffering from a mental disorder that makes it impossible to continue the marriage, it
is a ground for divorce. The aggrieved spouse has to prove that the other spouse is suffering from a
mental disorder and that the disorder is incurable.

RENUNCIATION :
Renunciation is the act of one spouse deciding to leave worldly life and pursue a religious path. This
practice is rooted in Hinduism and allows the other spouse to approach the court and seek a divorce if
their partner chooses to renunciate without their consent.

PRESUMPTION OF DEATH :
If one of the spouses has been absent for a continuous period of seven years or more and other
spouse has no knowledge about the same during this period, the other spouse is presumed to be
dead. In such a case, the other spouse can approach the court and seek the remedy of divorce.
GROUNDS OF DIVORCE FOR WIFE ONLY
Section 13(2)
RAPE,SODOMY,BESTIALITY :
Section 375 of the Indian Penal Code, 1860 makes rape a criminal offence. A person
who has carnal copulation with an individual of the same sex or an animal, or non-
coital carnal copulation with an individual of the opposite sex, amounts to sodomy.
Bestiality refers to a human's sexual union with an animal i.e. contrary to nature's
order.

BIGAMY :
If a husband already has a wife and then marries another woman, either of the two
wives may file for divorce.

NON-RESUMPTION OF COHABITATION FOR ONE YEAR POST

PASSING OF THE DECREE IN A MAINTENANCE CASE.
GROUNDS OF DIVORCE BY MUTUAL CONSENT
Section 13B
A married person can file for divorce if both parties mutually agree to dissolve the marriage.
However, if parties wish to seek a divorce by mutual consent, they must wait for one year from
the date of their marriage before filing a petition. During this one year, the parties must have
been living separately and must be able to prove that they are unable to live with each other.
This waiting period is provided for reconciliation, and to ensure that the decision to dissolve
the marriage is not made in haste. Once the waiting period is over and still the parties are not
ready to reconcile, they may file a joint petition for divorce by mutual consent under Section
13B (1). Both parties may move for divorce not earlier than six months from the petition's
presentation date but not later than 18 months after that date. The court will make necessary
inquiries, and if the divorce is granted, it will be effective from the date of the decree. This
waiting period of 1.5 years is required under Sections 13B (1) and 13B (2) of the act.