Grounds for Divorce under Section 13 of the Hindu Marriage Act: Exploring Case Laws

Title: Grounds for Divorce under Section 13 of the Hindu Marriage Act: Exploring Case Laws

Section 13 of the Hindu Marriage Act, 1955, deals with the grounds on which a marriage can be dissolved by a decree of divorce. This section provides for both the husband and wife to seek a divorce on specific grounds mentioned in the Act. Here, we will discuss Section 13 of the Hindu Marriage Act along with relevant case laws that have shaped its interpretation.

1) Adultery (Section 13(1)(i)): Adultery refers to voluntary sexual intercourse of a married person with someone other than their spouse. The innocent party can seek a divorce if the other party has committed adultery. In the case of Smt. Sushma Goel v. Union of India, the Supreme Court held that the party alleging adultery must prove it beyond reasonable doubt.

2) Cruelty (Section 13(1)(ia)): Cruelty includes both mental and physical cruelty. Mental cruelty refers to conduct that causes mental agony, while physical cruelty refers to conduct that causes bodily harm. In the case of V. Bhagat v. D. Bhagat, the Supreme Court held that the mental cruelty must be of such a nature that it makes it impossible for the parties to live together.

3) Desertion (Section 13(1)(ib)): Desertion occurs when one party abandons the other without reasonable cause and without the consent or against the wish of the other spouse. The desertion must continue for a continuous period of at least two years. In the case of Bipinchandra Jaisinghbhai Shah v. Prabhavati, the Supreme Court held that the intention to desert and the fact of desertion must be proved.

4) Conversion (Section 13(1)(ii)): Conversion refers to a change in religion by one spouse, which is not accepted by the other spouse. In Sarla Mudgal v. Union of India, the Supreme Court held that if one spouse converts to another religion without the consent of the other spouse, it can be a ground for divorce.

5) Mental Disorder (Section 13(1)(iii)): If a spouse is suffering from a mental disorder of such a nature that it becomes impossible for the parties to live together, a divorce can be sought. In the case of Naveen Kohli v. Neelu Kohli, the Supreme Court held that the mental disorder must be of such a nature that the other spouse cannot reasonably be expected to live with the affected spouse.

6) Leprosy (Section 13(1)(iv)): Leprosy is considered a valid ground for divorce if the disease is incurable and the spouse has been suffering from it for a continuous period of at least two years.

7) Venereal Disease (Section 13(1)(v)): If a spouse is suffering from a venereal disease in a communicable form, a divorce can be sought. The disease must be of such a nature that it makes it impossible for the parties to live together.

8) Renunciation of the World (Section 13(1)(vi)): If one spouse has renounced the world by entering any religious order, the other spouse can seek a divorce. In S. John Britto v. S. Paul Raja, the Madras High Court held that a mere intention to renounce the world is not enough, and there must be an actual entry into a religious order.

These are the grounds mentioned in Section 13 of the Hindu Marriage Act. It is important to note that divorce is a serious step, and the courts require sufficient evidence to prove the grounds for divorce. The case laws mentioned above provide guidance on the interpretation and application of these grounds in divorce cases. However, it is always advisable to consult with a legal professional for specific advice tailored to your situation.