Divorce Under Hindu Marriage Act 1955
Divorce was not a concept that existed in ancient times. They viewed marriage as a sacred institution. Manu asserts that a husband and wife are inseparable and their marital bond cannot be severed. Later, the idea of Divorce entered the scene and became commonplace as a way to dissolve a marriage.
The Arthashastra states that a marriage can end if both parties want to do so and that it should be an unauthorized union. Manu, however, rejects the idea of the dissolution. Manu asserts that the demise of either spouse is the only way to end a marriage.
The Hindu Marriage Act of 1955 introduced the clause relating to the idea of Divorce. Divorce is referred to as the dissolution of a marriage in the Hindu Marriage Act. The marriage or married connection must be protected from all harm for the reasons outlined by law for the benefit of society. Only grave circumstances allow for Divorce; all other circumstances offer an option.
Grounds of Divorce under the Hindu Marriage Act, 1955
Based on Section 13(1) of the Hindu Marriage Act, any of the displeased spouses can go to court and demand a Divorce with the culpability theory of the law. Only the wife can apply to the court for a Divorce under the conditions outlined in Section 13(2).
1. Adultery
In many nations, the idea of adultery may not be viewed as a crime. However, according to the Hindu Marriage Act, adultery is one of the most significant grounds for Divorce when it comes to matrimonial offenses.
Adultery is defined as consensual and voluntary sexual activity between a married person and another member of the opposite sex, whether they are already married or not.
If the marriage of the husband and his second wife is deemed to constitute bigamy, even their sexual relations are grounds for adultery.
The Marriage Laws Amendment Act of 1976 added the idea of adultery to the Hindu Marriage Act.
In Swapna Ghose v. Sadanand Ghose
In this case, the wife found her husband with another girl lying on the same bed and the neighbor also confirmed that the husband had committed an offense. Here the wife gets the Divorce.
2. Cruelty
Both mental and physical cruelty are included in the concept of cruelty. The term “physical cruelty” refers to when one spouse physically harms or beats the other spouse. Physical cruelty can be easily identified, while mental cruelty is more difficult to define.
- What is considered as Mental Cruelty against Husband by wife:
- Humiliating the husband in front of his family and friends.
- Making false allegations against him.
- Wife having affair.
- Wife living an immoral life.
- The constant demand for money.
- Aggressive and uncontrollable behavior of Wife.
- Ill-treatment to the husband’s parents and family.
3. Desertion
Desertion is when one spouse is permanently abandoned by the other without their consent or any justifiable excuse. Generally speaking, when one side refuses to accept the responsibilities of marriage.
Essentials
- abandonment of the other spouse forever.
- rejection of the marital obligation.
- without any justifiable basis.
- no agreement from a second spouse.
4. Conversion
The other spouse has the right to petition the court for a Divorce if one of the spouses changes his or her religion without the other spouse’s consent.
Illustration
A, a Hindu, has two kids and a wife named B. Without B’s permission, A went to church one day and decided to become a Christian. Now B can go to court and ask for a Divorce based on A’s conversion.
5. Venereal Illness
According to this theory, a sickness that is contagious and can be passed on to the other spouse qualifies as a legal reason for Divorce.
Illustration
On September 9, 2011, A and B got married. A later developed an untreatable venereal illness. If B lives with A, there’s a chance she could contract the sickness as well. B may now apply to the court for the dissolution of their marriage.
Divorce with Mutual Consent as an Idea
By mutual permission of the parties, the individual may submit the Divorce petition by Section 13B. The parties must wait one year from the date of marriage if they desire to end their marriage by mutual consent.
Conclusion
There are several provisions surrounding Divorce in the Hindu Marriage Act of 1955. “Divorce as a Dissolution of Marriage” is defined under the Hindu Marriage Act. According to this view, a marriage may be dissolved if one spouse is guilty or liable for a crime that falls under the category of matrimonial offenses. The innocent spouse is entitled to Divorce as a remedy.
Written By:-
Sonu Kumar