Divorce among Hindus

In this article let us have a bird’s eye view of the procedure and formalities for Divorce among Hindus. Section 13 of the Hindu Marriage Act 1955, deals with the manner of Divorce among Hindus.

A Hindu husband or wife can apply for divorce of his or her marriage to a Family Court on grounds of cruelty, desertion, and mental disorder of/from part of his or her partner. Further conversion to other religions, adultery, venereal and leprosy diseases in the partner are also grounds for divorce. If the partner is not heard of being alive for 7 years or more, renunciation of the world by joining any religious order etc are also grounds for a decree of divorce. The act also gives few additional grounds for wife such as acts of rape, sodomy and bestiality by husband, marriage during minority etc.

No petition for divorce can be filed before the lapse of one-year after the marriage. The petition shall be filed before the jurisdictional Family Court by the party aggrieved.

In tune with the emerging social changes, the act also provides for divorce by mutual consent of the parties. In fact there is a great increase in the number of cases of this nature filed, particularly in metro cities. The parties to a marriage can obtain an order of divorce by mutual consent, on the ground that they were living separately for a period of one year or more, and they have been not able to live together. The court may, in its discretion, not earlier than 6 months of the presentation of the petition and not later than 18 months after the presentation of the petition, pass a decree of divorce declaring the marriage to be dissolved.