Hindus can divorce under Section 13 of the Hindu Marriage Act of 1955.
All three theories of divorce are acknowledged in modern Hindu law, and divorce can be sought on the basis of any of them.
Originally, the Hindu Marriage Act of 1955 grounded divorce on the blame premise, and Section 13(1) codified nine fault grounds on which either the husband or wife might apply for divorce. Section 13(2), which allows the woman to file for divorce on her own Certain clauses of Section 13(1) were changed in 1964 to establish Section 13(1A), recognizing two grounds for the dissolution of marriage. The 1976 amendment act added two new fault grounds for divorce for wives, as well as a new section 13B for mutual consent divorce.
Adultery- In adultery, there must be voluntary or consensual sexual intercourse between a married person and another, whether married or unmarried, of the opposite sex, who is not the other’s spouse, during the subsistence of marriage, as mentioned under Section 13(1)(i).
The current position under the Hindu Marriage Act is that even a single act of adultery is sufficient grounds for divorce. Because adultery is a crime against marriage, it is necessary to show that the marriage was in existence at the time of the act of adultery.
Cruelty- Section 13(1) mentions it (ia) Cruelty is a concept that evolves with time. Both mental and physical cruelty are included in the current definition of cruelty. What one person considers cruel may not be the same for another. It depends on the person’s strength or weakness.
While physical cruelty is easier to identify, mental cruelty is more difficult to define. Perhaps mental cruelty is a lack of such conjugal compassion, inflicting suffering to such a degree and for such a long time that it has a negative impact on the mental and physical health of the spouse on whom it is perpetrated.
Desertion-Mentioned Section 13(1) of the Act (ib) Desertion is defined as one party’s refusal to fulfil all of the marriage’s commitments. The permanent abandonment or forsaking of one spouse by the other without reasonable cause or permission of the other.
The factum of separation, animus deserdendi (intention to desert), desertion without any reasonable cause, desertion without consent of other party, and the statutory period of two years must have passed before a petition is presented are the five conditions that must be present to constitute a desertion; they must co-exist to present a ground for divorce: the factum of separation, animus deserdendi (intention to desert), desertion without any reasonable cause, desertion without
Conversion- A divorce can be granted if the other party has converted to another faith, such as Islam, Christianity, Judaism, or Zorostrianism, as mentioned in Section 13(1)(ii).
If the responder has converted to another faith and is no longer a hindu, divorce may be granted.
Only a non-convert spouse can file the petition.
Insanity- Insanity as a reason for divorce is mentioned under Section 13(1)(iii) and has two requirements: I the respondent has been incurably of unsound mind; and ii) the respondent has been incurably of unsound mind.
ii) The respondent has been suffering from a mental condition of such a nature and severity that the petitioner cannot fairly expect to live with the respondent on a continuous or intermittent basis.
Veneral Disease- VENEREAL DISEASE Mentioned under Section 13(1)(v) Venereal diseases in communicable forms can also be a ground for divorce under the Hindu Marriage Act, 1955. •In the case of Mr. X v. Hopital Z ( AIR 1999 SC 495 ),the supreme court obsered that a person suffering from AIDS prior to marriage must be injuncted from entering into marriage
Renunciation- Renunciation of the world is mentioned in Section 13(1)(vi). A spouse may seek divorce if the other person has renounced the world and entered a holy order, according to modern Hindu law.
When someone accomplishes anything like this, they are termed civilly dead. The renunciation made by joining a religious order must be complete and clear.
Presumption of death- Section 13(1)(vii) of the Act states that if a person has not been heard from in at least seven years, he or she is believed to be dead. Under all matrimonial laws, the petitioner bears the burden of proving that the respondent’s whereabouts have been unknown for the required period.
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