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Writer's pictureLead India
Nov 21, 20224 min read

What Is Section 13 Of Hindu Marriage Act?

Hindu divorce was first acknowledged in the Hindu Marriage Act of 1955. The Divorce Act of 1869, which was the only divorce law in British India, permitted Christians to divorce one another in that country. Apart from that, India did not have a divorce-related legal system. In 1955, the Hindu Marriage Act was passed, and it had divorce-related clauses. The statute doesn't define "divorce" because it simply refers to the dissolution of a marriage. The different grounds for divorce will be laid out in Section 13 of the Act of 1955.


While Section 13's Clause 1 outlines the general grounds for divorce that either party in a broken marriage may pursue, Section 13's Clause 1-A, which was added to the Act of 1955 by the Hindu Marriage (Amendment) Act of 1964, lists two additional reasons for getting a divorce judgment.

Only the woman may obtain a divorce under the four grounds that are clearly listed in Clause 2 of Section 13. You can check the website of Lead India Law to receive free legal advice online.

Grounds of Divorce:

  • Adultery: Both spouses in a marriage may file for divorce based on adultery, according to Section 13(1)(i). Adultery is regarded as willing sexual conduct that takes place outside of marriage. The burden of proof is with the petitioner to establish both the existence of a lawful marriage and the respondent's extramarital affairs. The marriage must still be together at the moment of the deed. If the marriage was solemnised by virtue of court marriage in Delhi, you can file for divorce in the Delhi family court.

  • Cruelty: Before 1976, cruelty was not a recognised ground for divorce. It provided support for judicial segregation. According to the 1976 Amendment Act, cruelty is now a ground for divorce. Cruelty can be intentional or unintentional, mental or physical. As a basis for divorce, cruel treatment of the petitioner after the marriage has been formally dissolved. Abuse of the body and mind are two different ways that cruelty can manifest. Physical cruelty includes hitting or assaulting one's partner physically. What exactly qualifies as mental cruelty is debatable. According to Section 498A of the Indian Penal Code, 1860, cruelty is also a crime.

  • Desertion: In Section 13 of the Hindu Marriage Act of 1955, subsection (1), the Indian Parliament provides an explanation. The term "desertion" describes one spouse's long-term absence from or abandonment of the other without justification and the other's consent.

  • Conversion: According to Section 13(1)(ii) of the Hindu Marriage Act of 1955, if one spouse stops practising Hinduism and converts to a different religion without the other's consent, a divorce may be issued. "Ceding to be Hindu" refers to a person's conversion to a non-Hindu faith, such as Parsism, Islam, Christianity, or Zoroastrianism. Since Sikhs, Jains, and Buddhists are Hindus by faith and are included in the scope of the Hindu Marriage Act of 1955, even if a person converts to Jainism, Buddhism, or Sikhism, he continues to be a Hindu.

  • Insanity: According to Hindu Marriage Act Be Before Section 13(iii), if the respondent has been going through mental suffering of such a nature and severity that the petitioner cannot logically be made to live with the respondent, the petitioner may file for divorce or judicial separation. If the marriage was solemnised by virtue of court marriage in Bangalore, the courts of Bangalore should be approached from grant of divorce.

  • Venereal illness: The Hindu Marriage Act of 1995's Section 13(v) establishes contagious venereal illness as a basis for divorce. A sexually transmitted disease that is both incurable and contagious in one of the partners may be grounds for divorce. A sickness like AIDS is referred to as a "venereal disease."

  • Renunciation: According to Section 13(1)(vi) of the Hindu Marriage Act, 1955, the other spouse has the right to file for divorce when one spouse desires to join a holy order and renounce the world.

  • When joining a religious order, renunciation of the world must be complete. It precludes a person from inheriting or using their right to divide and is the equivalent of civil death.

  • Presumed Decedent: According to Section 13(1)(vii) of the Hindu Marriage Act, 1955, a person is assumed to have passed away if they have not been heard of as being alive for at least seven years by individuals who would have known of it naturally if that party had not been alive.

  • The Indian Evidence Act of 1872 states that a person is presumed dead if they haven't been heard from for at least seven years. On this ground, the petitioner might be awarded a divorce.

  • After one year from the day the judicial separation decision was made, a spouse may seek divorce if the couple has not resumed living together.

  • The Hindu Marriage Act of 1955's Section 13(2) lists four reasons why a wife could ask for her husband's divorce.

  • Lead India will offer you free legal counsel over the phone from the top attorneys who are specialists in their particular field. Additionally, you may ask questions on Lead India for free and receive answers from renowned attorneys.

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