Divorce Under Hindu Marriage Act: Grounds and Procedure

Overview

The Hindu Marriage Act, 1955 governs marriage and divorce among Hindus, Buddhists, Jains and Sikhs in India. Section 13 enumerates grounds on which either spouse may seek divorce.

Grounds for Divorce

1. Adultery
2. Cruelty (physical or mental)
3. Desertion for two years or more
4. Conversion to another religion
5. Unsound mind
6. Communicable disease

Mutual Consent Divorce

Section 13B provides for divorce by mutual consent. Couples must live separately for at least one year and file a joint petition. A cooling-off period of 6 months applies, though the Supreme Court has held it can be waived in deserving cases.

Custody & Maintenance

The welfare of the child is paramount. Maintenance under Section 125 CrPC (now BNSS) and Section 24 HMA can be claimed during pendency.