I am Hindu. How can I divorce my husband?

October 11, 2014

If you are married under the Hindu Marriage Act, 1955, you have several grounds for divorce provided by the law itself. Here we are discussing all the grounds mentioned in Section 13 of the Act that you can base you case for divorcing your partner.

You can file for divorce:

  • If your husband has renounced the world by entering any religious order;
  • If he has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;
  • If he has after the marriage had voluntary sexual intercourse with any other person;
  • If he is treating you cruelly;
  • If he has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;
  • If he has ceased to be a Hindu by conversion to another religion;
  • If he is suffering from incurably of unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a person;
  • If your husband is suffering from a virulent and incurable form of leprosy;
  • If he is suffering from venereal disease in a communicable form;

 

Some Additional Ground Available for you to file for Divorce

The above mentioned grounds are available for both husband and wife; however, there are some additional grounds that are available only for wife; For instance, if your husband has been found guilty of rape, sodomy or bestiality, you can ask for divorce. Similarly, if your marriage whether consummated or not was solemnized before you attained the age of 15 years, and you want to divorce, you can do so.

Alternate relief in divorce proceedings Under Section 13A

There is also a provision for an alternative relief for parties wherein a court can pass a decree for judicial separation on a petition for dissolution of marriage. The proviso is that it should not be on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13.

The government has also proposed a law under Irretrievable Breakdown of Marriage Bill which allows a wife to file a No-Fault Divorce. If the law is passed you can file a case for divorce if you realize the marriage is beyond any repair and there is enough ground to believe it.