Following are the fault grounds available under Hindu Marriage Act available to either spouse to file a petition for divorce on any or one or more of the grounds available to him/her.
Click here to know about the Divorce Procedures >>
Click here to know about the DIVORCE BY MUTUAL CONSENT >>


  Know Your Rights!!
4Divorce Laws
4Dowry Laws
  4The Domestic Violence Act *
4Adoption/Maintenance/Alimony
4Stay and status quo 
4Anticipatory and regular bail
4Property related issues
4Criminal Laws
4Child Custody and Visitation Rights
 

 

DIVORCE LAWS (HINDU MARRIAGE ACT 1955)

BRIEFING:
DIVORCE UNDER SECTION 13 OF HINDU MARRIAGE ACT, 1955:

ADULTERY:  After the marriage, if either of the spouse have voluntarily sexual relationship other than themselves;
CRUELTY:  After the solemnization of marriage, has treated the petitioner with physical or mental cruelty
DESERTION:  Abandonment of one spouse by the other, without any reasonable cause and without the consent of the other spouse;
CONVERSION:  When either of the spouse  converts themselves to any another religion;
INSAINITY OR UNSOUND MIND:  When either of the spouse has been continuously suffering from mental disorder to such an extent, that its become difficult for the petitioner to live with the espondent;
LEPROSY:  Suffering from incurable and virulent form of leprosy;
VENEREAL DISEASES:  Suffering from Venereal disease in a communicable form;
RENUNCIATION OF WORLD:  Renounced the world by entering into any religious order;
NOT BEEN HEARD:  Not being heard of being alive for a period of seven years or more, from those who would naturally have heard of it.

Divorce By Mutual Consent:

(1) - That the spouses have been living separately for a period of one year
(2) - That they have not been able to live together.
(3) - That they have mutually agreed for the dissolution of their marriage.



DIVORCE....A Detailed View :

Section 11 - Void Marriages :  Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

Section 11 - Void Marriages :  Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
a - That the marriage has not been consummated owing to the impotence of the respondent; or
b - That the marriage is in contravention of the condition specified in clause (ii) of section 5; or
c - That the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
d - that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Notwithstanding any contained in sub-section (1), no petition for annulling a marriage:-

  1. On the ground specified in clause (c) of sub-section (1) shall be entertained if:-
    1. the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
    2. the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
  2. on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied:-
    1. that the petitioner was at the time of the marriage ignorant of the facts alleged;
    2. that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
    3. that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Section 13- Divorce : 

  1. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
    1. has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
    2. has, after the solemnization of the marriage, treated the petitioner with cruelty; or
    3. has deserted the petitioner for a continues period of not less than two years immediately preceding the presentation of the petition; or the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
  2. A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground;
    1. in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner;

Provided that in either case the other wife is alive at the time of the presentation of the petition; or

    1. that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
    2. that in a suit under section 18 of the Hindu Adoption sand Maintenance Act, 1956(78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure , 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;
    3. that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age of eighteen years.

EXPLAINATION : This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) act, 1976 (68 of 1976).

 




 
  Corporate Laws
Corporate Litigations
Labor Laws
  Sec. 138 NI Act & Recovery
Industrial Disputes Act
Agreements/Contracts
Intellectual Property
FEMA
Immigration
 



  Know Your Rights!!
Divorce Laws
Dowry Laws
  The Domestic Violence Act *
Adoption/Maintenance/Alimony
Stay and status quo
Anticipatory and regular bail
Property related issues
Criminal Laws
 

  Our Practicing Courts
District Courts of Delhi
High Court of Delhi
Supreme Court of India
  District & High Courts of Various States in India

Karvai handles litigations and arbitration matters both at national and internation level. Karvai has a number of clients from United States, UK, Canada and various Gulf Nations. We, at Karvai have successfully completed the legal work assigned to us, both at national and international level.