HOW TO GET DIVORCE UNDER HINDU MARRIAGE ACT, 1955 ?

If a person is a Hindu, Buddhist, Jain or Sikh, he is free to enter into marriage with a woman or a   man of his/her choice, as the case may be. Any pandit can complete the marriage ceremony after which a man and a woman become husband and wife.  But a person is not free to divorce his/her spouse as per his/her wish. Decree of divorce can be granted only by a competent Court on specified grounds provided under Hindu Marriage Act, 1955.

Applicability of Hindu Marriage Act, 1955

Hindu Marriage Act, 1955 is applicable to persons belonging to Hindu, Buddhist, Jain and Sikh religion. A person belonging to Hindu, Buddhist, Jain or Sikh religion has to apply for divorce   according to provisions of Hindu Marriage Act, 1955.

What are grounds of divorce  ?

Marriage among Hindus are considered as sacrament and not as contract as is the case with Muslims. As yet divorce in India cannot be granted on the ground of breakdown of marriage. Divorce among Hindus can be taken on limited grounds provided under Section 13 of the Hindu Marriage Act, 1956. Section 13 (1) of the Hindu Marriage Act, 1955 provides for certain  grounds, on which a husband or a wife can file petition for divorce, which are as under – The other party has sexual intercourse with any other person after solemnization of marriage

• The other party has treated the Petitioner with cruelty after solemnization of marriage
• The other party has deserted the Petitioner for continuous period of two years
• The other party has ceased to be a Hindu by conversion to another religion
• The other party has been incurably of unsound mind or has been 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
• The other party has been suffering from venereal disease in communicable form
• The other party has renounced world by entering in any religious order
• The other party has not been heard to be alive for seven years

Section 13 (1A) provides certain addition grounds for divorce on which a husband or wife can file Petition for divorce. If there has not been cohabitation between parties after passing of decree of judicial separation for a period of one year or upwards, any of spouse can file Petition for divorce. If there has not been restitution of conjugal rights for a period of one year or upwards after passing of decree for restitution of conjugal rights, a husband or wife can file Petition for divorce.

Section 13 (2) provides certain grounds on which only a wife can file Petition for divorce. A wife can file Petition for divorce under Section 13 (2) for filing divorce.  

• Husband has been guilty of rape, sodomy or bestiality after solemnization of marriage
• Order of maintenance has been passed under Section 18 of the Hindu Adoption and Maintenance Act, 1956 or Proceedings under Section 125 of the Code of Criminal Procedure, 1973 and cohabitation between parties have not started for a year or upwards since such order.
• Marriage was solemnized before attaining of fifteen years and the wife has repudiated the marriage after attaining fifteen years but before the age of eighteen years

Which Court has jurisdiction?

Family Courts have been established in most of the States in every district which have jurisdiction to entertain petitions for divorce. Petition for divorce has to be filed before such Family Court within whose jurisdiction marriage was solemnized or Respondent at the time of filing the petition resides or parties to the marriage last resided together or in case of wife where she resides at the time of filing of the Petition.

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