Divorce & Grounds of Divorce

Under the Hindu Marriage Act 1955, marriages performed according to Hindu religion have been recognized in Indians. When two people get married, their relationship is considered very strong. They live together and spend time together and want to know and understand each other. When both husband and wife start knowing and understanding each other, their relationship becomes stronger, but whenever both do not want to understand each other, their relationship gets worse and when they feel that they will not be able to live with each other anymore, then they want to get a divorce and can get divorced under section 13 of the Hindu Marriage Act 1955.

According to the Hindu Marriage Act 1955 there are two grounds for divorce

Divorce by mutual consent:

Under section 13 (b) of Hindu Marriage Act, 1955, divorce can be taken by mutual consent of both husband and wife. This is the easiest method of divorce. In this, when the wife is dependent on her husband, then she has to be given maintenance allowance and if there are children, then life allowance has to be given for their care also. In case of children, the custody of the children can be taken care of jointly or separately. In this, allowance has to be given to the wife for the education of the children also.

In this, when the husband and wife are living separately for one year, both the parties have to file a petition in the court for divorce. After filing the petition, statements of both the parties are recorded. Then for the first time, the court gives an additional 6 months time to both the parties, in which a reconciliation can take place between the husband and wife. If there is no reconciliation even after 6 months, then the court gives a decree of divorce keeping in mind all the important points of divorce.

If both the parties want immediate divorce by mutual consent, then additional six months’ time is not mandatory and after fulfilling all the conditions, both the parties can take divorce in presence of their arbitrators and witnesses. There is no dispute in this and divorce is done easily.

One sided divorce:

For a one-sided divorce, when one party files a divorce petition in the court, then he has to state the basis for seeking the divorce in which the divorce notice is first sent to the other party and on the basis of that divorce the court passes the decree of divorce.

The grounds for divorce are as follows:

Adulterer: When either of the husband or wife has sexual relations or indulges in sexual activity with another person, then divorce can be sought on the basis of evidence against the person who is committing adultery but not on the basis of any suspicion.
Cruelty/torture: When a person is being cruel to the other party, he/she is physically cruel, physically tortured, beaten up and the other kind of torture is mental cruelty in which either of the two is mentally tortured. This includes cruelty such as using abusive words, abusing, not giving food, not allowing them to talk to anyone else, stopping them from going out and forcing them to have unnatural sexual relations.

Living separately: If after marriage, due to any reason, both the husband and wife are living separately from each other for at least two years and do not want to live together and giving the reason for the same, divorce can be taken on this basis.

Mentally incapacitated: Whenever either of the husband or wife is suffering from any mental illness then this is also considered as a ground for divorce which includes insanity, seizure, frequent loss of memory etc.
Sexual disease: If either of the spouses has a serious sexual disease, which increases the risk of infection to the other partner, AIDS is a serious sexually transmitted disease, which becomes a ground for divorce and divorce can be taken.
Impotence: Divorce can be taken on the basis of impotence of the husband. For this, divorce is given on the basis of examination of the private parts of the husband and the report.

Conversion of religion: If either of the husband or wife converts to another religion and on that basis the other partner is also forced to convert, then divorce can also be taken on this ground of conversion of religion.
Missing: If either the husband or the wife is not found or heard from for a period of seven years, the person is presumed to be dead and a decree of divorce is passed to the petitioner on this ground.

Serious illness: If one of the parties suffers from a serious illness which cannot be cured or which can take a very long time to heal, such as leprosy, venereal diseases, divorce can be granted on this basis.
Sanyas: When a person leaves his married life and takes sanyas and abandons his family and society, then it becomes the ground for divorce and divorce can be taken on this basis.

Triple Talaq is illegal

Recently, the Supreme Court has declared triple talaq illegal because it violates the rights of Muslim women. The fundamental rights of Muslim women are misused because the constitution has provided equal rights to all people and women also have equal rights and this violates the rights of women, so triple talaq has been declared illegal.

Divorce & Grounds of Divorce Divorce & Grounds of Divorce Divorce & Grounds of Divorce Divorce & Grounds of Divorce Divorce & Grounds of Divorce

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