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Writer's pictureLead India
Jul 15, 20233 min read

Which Section Of Hindu Marriage Act Support Divorce

Divorce is referred to as dissolution of marriage since it is a technique of ending the relationship or marriage between two individuals. Under the legal system of any given nation, that is how the bonds of marriage are broken.


Since India has not yet ratified the Uniform Civil Code, divorce in that country is handled differently depending on the faith. Therefore, Jain, Sikh, Hindu, and Buddhist community divorces are governed by the Hindu Marriage Act of 1955.


Section 13: Hindu Marriage Act

Section 13 of the Hindu Marriage Act pertains to the grounds for divorce. It provides a list of conditions under which either spouse can seek a divorce from the court. The section is divided into several subsections that outline various grounds for divorce, including-

Section 13(1) (a) - Cruelty

  • If the spouse has been subjected to physical or mental cruelty, making it difficult to live together.

Section 13(1) (b) - Adultery

  • If the spouse has engaged in voluntary sexual intercourse with someone other than their spouse.

Section 13(1) (c) – Desertion

  • If the spouse has abandoned the petitioner without any reasonable cause for a continuous period of at least two years.

Section 13(1) (d) - Conversion to another Religion

  • If the spouse has ceased to be a Hindu and has converted to another religion.

Section 13(1) (e) - Mental Disorder

  • If the spouse has been suffering from a mental disorder that makes it impossible to continue the marital relationship.

Section 13(1) (f) - Communicable Disease

  • If the spouse has been suffering from a virulent and incurable form of a communicable disease.

Section 13(1) (g) - Renunciation of Worldly Life

  • If the spouse has renounced the world and has entered into religious order.

Section 13(2) - Presumption of Death

  • If the spouse has not been heard of as being alive for a period of at least seven years or more.

Procedure for Divorce: Hindu Marriage Act

The procedure for obtaining a divorce under the Hindu Marriage Act involves several steps. They are as follows-

  • Filing a Divorce Petition- The spouse seeking divorce (known as the petitioner) files a petition before the appropriate family court. The petition includes details such as the grounds for divorce, marriage details, information about children (if any), and any other relevant information.

  • Serving Notice- The petitioner serves a copy of the divorce petition to the other spouse (known as the respondent). The respondent has the right to respond to the petition within a specified time.

  • Response and Counterclaim- The respondent may file a response to the divorce petition, either agreeing to the divorce or contesting it. In some cases, the respondent may also file a counterclaim, stating their own grounds for divorce.

  • Counselling and Mediation- In certain situations, the court may refer the couple for counselling or mediation with the aim of resolving their differences and exploring the possibility of reconciliation.

  • Evidence and Trial- If the divorce is not resolved through counselling or mediation, the court proceeds with the trial. Both parties present their evidence and witnesses to support their claims. The court examines the evidence, evaluates the arguments, and makes a decision based on the provisions of the Hindu Marriage Act and other applicable laws.

  • Decree of Divorce- If the court is satisfied that the grounds for divorce are established, it grants a decree of divorce, officially dissolving the marriage. The decree outlines the terms of the divorce, including child custody, division of assets, alimony (if applicable), and any other relevant matters.

  • Appeal- Either party has the right to appeal the court's decision within a specified time if they are dissatisfied with the judgment.

Role of Judiciary

  • In Naveen Kohli v Neelu Kohli case, the Supreme Court discussed the issue of "mental cruelty" as a ground for divorce. The court held that the concept of cruelty must be applied based on the facts and circumstances of each case and that a sensitive and objective assessment is required to assess whether the spouse's actions qualify as cruelty.

You will need the help of divorce lawyers to know more regarding Section 13 of the Hindu Marriage Act pertaining to divorce. If you need the help of lawyers for your divorce in Ghaziabad, then Divorce lawyers in Ghaziabad can be employed.


If you need the help of lawyers for your divorce in Delhi, then Divorce lawyers in Delhi can be employed. Similarly, Family lawyers in Delhi can also assist you if you want to get your divorce done in Delhi.


You can speak to a lawyer at Lead India for any kind of legal advice. You could get online legal advice in India free. Along with free legal advice online you can also receive free legal advice in India in return from Lead India.


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