Divorce is never an easy decision. It is often a time of high stress, confusion, and emotional pain. When you decide to end a marriage, the legal system can feel like a maze of difficult words and scary rules. You might be asking yourself: “Do I have a valid reason to ask for a divorce?” or “What will the judge look for?”
In India, if you are Hindu, Sikh, Jain, or Buddhist, your marriage and divorce are usually governed by the Hindu Marriage Act, 1955. This law provides specific “grounds” or reasons that allow a person to legally end their marriage.
This guide breaks down Section 13 of the Act into plain English. We want to help you understand your rights so you can move forward with clarity and confidence.
3 Clickable Title Options for This Guide
- Divorce Under the Hindu Marriage Act: 9 Legal Grounds You Must Know
- The Ultimate Guide to Section 13: How to Prove Divorce Grounds in India
- Stuck in a Bad Marriage? A Simple Guide to Your Legal Rights and Divorce Grounds
What are “Grounds for Divorce”?
In simple terms, a “ground” is a legal reason. You cannot get a divorce just because you had one small argument. The law requires a specific, serious reason to end a legal contract like marriage.
Under Section 13 of the Hindu Marriage Act, either the husband or the wife can file for divorce based on the following points.
1. Adultery: Cheating on a Spouse
Adultery happens when a married person chooses to have sexual relations with someone who is not their husband or wife.
- What you should know: In the past, this was a crime. Today, it is no longer a crime you go to jail for, but it is still a very strong reason for divorce.
- The Proof: You don’t need a video of the act, but you do need enough evidence (like messages or photos) to show the court that it most likely happened.
2. Cruelty: Mental and Physical Pain
Cruelty is one of the most common reasons people seek a divorce. It isn’t just about physical hitting; it also includes mental torture.
- Physical Cruelty: Any act of violence that causes harm to your body.
- Mental Cruelty: This includes constant verbal abuse, denying food, or behaving in a way that makes it impossible for the other person to live in peace.
- Simple Example: If a spouse constantly insults your parents or threatens to hurt themselves to scare you, a court may call this mental cruelty.
3. Desertion: Being Abandoned
Desertion means your spouse has left you without a valid reason and without your consent.
- The Time Limit: The spouse must have been gone for at least two continuous years before you can file for divorce on this ground.
- The Intent: They didn’t just go away for a job; they left with the clear intention of ending the relationship.
4. Conversion: Changing Religion
Marriage under this Act is based on the fact that both people are “Hindu” (which includes Sikhs, Jains, and Buddhists). If one person stops being Hindu and converts to another religion (like Islam or Christianity), the other person has the right to ask for a divorce.
5. Mental Disorder (Unsound Mind)
If a spouse has a mental illness that is so severe that it is impossible to live with them, the law allows for a divorce.
- Important Note: It cannot be a minor issue like mild stress. It must be a “prolonged” or “incurable” condition where a doctor confirms that normal married life is not possible.
6. Leprosy or Venereal Disease
While medical science has improved, the law still lists certain serious diseases as grounds for divorce if they are in an “incurable” or “communicable” (meaning they can spread) form. However, courts are becoming much more sensitive about these health-related issues today.
7. Renouncing the World
If a spouse joins a religious order and gives up all worldly ties (like becoming a monk or a sanyasi), the other spouse can file for divorce. In the eyes of the law, that person has “civilly died” because they no longer participate in normal society.
8. Presumption of Death
If your spouse has been missing for seven years or more, and no one (friends or family) has heard from them, the law presumes they are dead. You can then apply for a divorce to legally clear your status.
Special Rights for Wives
The Hindu Marriage Act gives women a few extra grounds to seek a divorce that men do not have:
- Bigamy: If the husband was already married to someone else at the time of the second marriage.
- Sexual Offenses: If the husband is found guilty of certain serious sexual crimes.
- Repudiation of Marriage: If a girl was married before she turned 15, she can “reject” the marriage once she turns 15 but before she turns 18.
What is an “Affidavit”?
You will hear this word a lot in court. An Affidavit is simply a written statement that you sign and swear is true. If you lie on an affidavit, you can get into serious trouble with the court. Think of it as your “word” put on paper for the judge to see.
What is “Litigation”?
Litigation is just a fancy word for the process of taking a case through court. When you are “in litigation,” it means your divorce case is currently being heard by a judge.
Mutual Consent: The Faster Way
If both you and your spouse agree that the marriage is over, you don’t have to “blame” each other using the grounds above. This is called Mutual Consent Divorce (Section 13-B).
- Requirement: You must have lived separately for at least one year.
- Benefit: it is usually much faster and less expensive than a “contested” divorce (where one person fights the other).
Summary of Key Takeaways
- Know your reason: Ensure your situation fits into one of the legal grounds like cruelty, desertion, or adultery.
- Gather evidence: Keep records of messages, photos, or medical reports that support your claim.
- Wait times matter: Some grounds, like desertion, require you to wait for a specific period (2 years) before filing.
- Consult an expert: The law is simple in theory, but court procedures can be tricky.