Hindu Divorce Act

Introduction
The Indian Divorce Act, 1869, also known as the Divorce Act,
1869 was introduced to govern the divorce laws for Christian
couples in India. It deals with the dissolution of marriage
between a man and a woman in the Christian community. It is a
codified Indian personal law. It states that when either the
husband or the wife files a petition for divorce, the court of law
grants separation in accordance with the provisions of this Act.
The provisions of this Act deal with various rights after divorce,
which include grounds for dissolution of marriage, custody of the
child, alimony, distribution of property, visiting the child, and
likewise. It also specifies the power of the courts and situations
that can nullify the decree.
Grounds for divorce in India:
The secular mindset of the Indian judicial system has initiated

the proclamation of various personal laws based on different
religious faiths. Hindus, Christians, and Muslims are governed
under separate marriage acts and grounds for divorce in India.
Grounds for Divorce under the Hindu Marriage Act, 1955
The following are the grounds for divorce in India mentioned

under the Hindu Marriage Act, 1955.
Adultery – The act of indulging in any kind of sexual relationship

including intercourse outside marriage is termed adultery.
Adultery is counted as a criminal offense and substantial proof
are required to establish it. An amendment to the law in 1976
states that one single act of adultery is enough for the petitioner
to get a divorce.
Cruelty – A spouse can file a divorce case when he/she is
subjected to any kind of mental and physical injury that causes
danger to life, limb and health. The intangible acts of cruelty
through mental torture are not judged upon one single act but
series of incidents. Certain instances like the food being denied,
continuous ill-treatment and abuses to acquire dowry, perverse
sexual act etc are included under cruelty.
Desertion – If one of the spouses voluntarily abandons his/her

partner for at least a period of two years, the abandoned spouse
can file a divorce case on the ground of desertion.
Conversion – In case either of the two converts himself/herself

into another religion, the other spouse may file a divorce case
based on this ground.
Mental Disorder – Mental disorder can become a ground for filing
a divorce if the spouse of the petitioner suffers from incurable
mental disorder and insanity and therefore cannot be expected
from the couple to stay together.
Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a
petition can be filed by the other spouse based on this ground.
Venereal Disease – If one of the spouses is suffering from a

serious disease that is easily communicable, a divorce can be
filed by the other spouse. Sexually transmitted diseases like AIDS
are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the

other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those

who are expected to be ‘naturally heard’ of the person for a
continuous period of seven years, the person is presumed to be
dead. The other spouse should need to file a divorce if he/she is
interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for

divorce if the couple fails to resume their co-habitation after the
court has passed a decree of separation.
The following are the grounds for divorce in India on which a

petition can be filed only by the wife.
1) If the husband has indulged in rape, bestiality and sodomy.

2) If the marriage is solemnized before the Hindu Marriage Act
and the husband has again married another woman in spite of
the first wife being alive, the first wife can seek for a divorce.
3) A girl is entitled to file for a divorce if she was married before
the age of fifteen and renounces the marriage before she attains
eighteen years of age.
4) If there is no co-habitation for one year and the husband
neglects the judgment of maintenance awarded to the wife by the
court, the wife can contest for a divorce.
3.Grounds for Divorce under the Indian Divorce Act, 1869
The following are the grounds of divorce mentioned under the

Indian Divorce Act, 1869.
1) Adultery
2) Conversion to another religion
3) One of the couples suffering from an unsound mind, leprosy or
communicable venereal disease for at least two years before the
filing of the divorce.
4) Not been seen or heard alive for a period of seven or more
years.
5) Failure in observing the restitution of conjugal rights for at
least two years.
6) Inflicting cruelty and giving rise to mental anxiety that can be
injurious to health and life.
7) Wife can file a divorce based on the grounds of rape, sodomy
and bestiality.
Grounds for Dissolution of Marriage
Section 10 of the Indian Divorce Act contains grounds on which a

court may dissolve a marriage. In order to avail a divorce, the
husband or wife must file a petition before the District Court. This
is basically the court under whose jurisdiction the parties
solemnized their marriage or they reside or last resided together.
The court may grant a divorce under any of the following grounds:
a) When one of the parties commits adultery;
b) If a party ceases to be a Christian;
c) In case of a party being of unsound mind for two years;
d) If a party has been suffering from leprosy or a

venereal disease for two years;
e) In case of a party wilfully refusing to consummate the marriage;
f) When a party has deserted the spouse for two years or more;
g) In case of a party treating the spouse with cruelty.
Apart from these grounds, the wife can present a petition of

divorce on additional grounds. For example, she can file for
divorce if her husband has, after marriage, been guilty of rape,
bestiality, etc.
Divorce by Mutual Consent
According to Section 10, the grounds we saw above must exist for
a party to file for divorce. However, it may so happen that both
parties wish to seek divorce mutually. For this purpose,
the Parliament amended this Act to insert Section 10-A.
According to Section 10-A, parties may together mutually file a

petition for divorce in the District Court. In order to do this, they
must have lived separately for two years and must be unable to
live together. In case parties do not withdraw this petition
between 6 to 18 months, the court may dissolve their marriage.
Nullity of Marriage
Apart from the dissolution of marriage, the Act also contains

provisions for nullity. Either the husband or the wife may file a
petition for this before the District Court. There are a few grounds
for which a party may file such a petition
Restitution of Conjugal Rights
The Act also contains a provision for restitution of conjugal rights

under Section 32. Under this provision, a party may seek
restitution if his/her spouse withdraws from their company.
Under restitution, the marriage remains but both parties do not
possess all marital rights temporarily.
Custody of Children
The Divorce Act contains some provisions governing custody of

children in cases of dissolution or nullity of marriage. Section 41
empowers courts to make interim orders with respect to custody.
Even after passing a final decree of separation, the court may
award custody to any specific party.

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Introduction

Grounds for divorce in India:

The secular mindset of the Indian judicial system has initiated

Grounds for Divorce under the Hindu Marriage Act, 1955

The following are the grounds for divorce in India mentioned

Adultery – The act of indulging in any kind of sexual relationship

Desertion – If one of the spouses voluntarily abandons his/her

Conversion – In case either of the two converts himself/herself

Venereal Disease – If one of the spouses is suffering from a

Renunciation – A spouse is entitled to file for a divorce if the

Not Heard Alive – If a person is not seen or heard alive by those

No Resumption of Co-habitation – It becomes a ground for

The following are the grounds for divorce in India on which a

1) If the husband has indulged in rape, bestiality and sodomy.

3.Grounds for Divorce under the Indian Divorce Act, 1869

The following are the grounds of divorce mentioned under the

Grounds for Dissolution of Marriage

Section 10 of the Indian Divorce Act contains grounds on which a

a) When one of the parties commits adultery;

b) If a party ceases to be a Christian;

c) In case of a party being of unsound mind for two years;

d) If a party has been suffering from leprosy or a

e) In case of a party wilfully refusing to consummate the marriage;

g) In case of a party treating the spouse with cruelty.

Apart from these grounds, the wife can present a petition of

Divorce by Mutual Consent

According to Section 10-A, parties may together mutually file a

Apart from the dissolution of marriage, the Act also contains

Restitution of Conjugal Rights

The Act also contains a provision for restitution of conjugal rights

The Divorce Act contains some provisions governing custody of

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