Under Section 13 of the Hindu Marriage Act, 1955, a husband or wife can file for a contested divorce on certain legally recognised grounds. These are:
1. Cruelty
When one spouse treats the other with physical or mental cruelty to such an extent that it becomes impossible to live together.
Cruelty can be:
- Physical violence
- Mental harassment
- Insults, abuses, threats
- False allegations
- Demand for dowry
- Continuous neglect or humiliation
Both mental and physical cruelty are valid grounds.
2. Adultery
If a spouse voluntarily engages in sexual relations with any person other than their husband or wife after marriage. Even a single act of proven adultery is sufficient for divorce.
3. Desertion
If one spouse abandons the other without any reasonable cause, without consent, and with the intention of ending marital cohabitation, for a continuous period of at least two years before filing the divorce petition.
4. Conversion to Another Religion
If one spouse ceases to be a Hindu by converting to another religion, the other spouse can seek divorce on this ground.
5. Incurable Unsoundness of Mind or Mental Disorder
If a spouse suffers from incurable mental illness, unsoundness of mind, or a severe mental disorder making it unreasonable for the other to live with them. Conditions like schizophrenia, psychosis, or severe mental depression could fall under this ground if serious enough.
6. Incurable Communicable Disease
If a spouse suffers from a serious communicable disease in an incurable form, like a sexually transmitted disease (venereal disease) or HIV/AIDS, the other spouse can seek divorce. (Note: The provision related to leprosy was removed by an amendment in 2019.)
7. Renunciation of the World
If a spouse has renounced worldly life by becoming a monk, sanyasi, or joining a religious order, thereby severing marital ties, the other spouse has a right to seek divorce.
8. Presumption of Death
If a spouse has not been heard of as being alive for a continuous period of seven years or more by people who would naturally have heard of them, the other spouse can seek divorce on this ground.
Additional Grounds Available to Wife (Section 13(2))
Apart from the above grounds, a wife can file for divorce on these additional grounds:
- If her husband had another wife living at the time of marriage.
- If the husband has been guilty of rape, sodomy, or bestiality after marriage.
- If the wife was married before the age of 15 and repudiated the marriage before turning 18.
- If a maintenance order was passed in her favour under Section 125 CrPC or other laws, and there’s been no resumption of cohabitation for one year after the decree.
Summary
So, under Section 13 of the Hindu Marriage Act, 1955, a contested divorce can be sought on grounds like cruelty, adultery, desertion, conversion, unsoundness of mind, communicable disease, renunciation of the world, or presumption of death. Additionally, a wife has a few extra rights to file for divorce under certain conditions.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304