The Hindu Marriage Act, 1955 is a crucial piece of legislation in India that governs the institution of marriage among Hindus. One of its significant components is the provision for divorce, which allows both men and women to legally dissolve their marriage under specific grounds. While the law is gender-neutral, several provisions are designed with a sensitive lens toward the rights of women and children, ensuring they are protected during and after the dissolution process.
Understanding these legal grounds is essential not just for couples, but also for advocates of women’s rights and child welfare. This article elaborates on various grounds for divorce under the Act and also highlights related protections for women and children provided by Indian law.
Adultery
Adultery is one of the most common and oldest grounds for divorce. Under Section 13(1)(i) of the Hindu Marriage Act, either spouse can file for divorce if the other has had voluntary sexual intercourse with another person after marriage. Even a single act of adultery is enough, and women are fully empowered to use this provision to seek justice in case of betrayal.
While adultery was earlier a criminal offense under Section 497 of the IPC, it was decriminalized by the Supreme Court in 2018. However, it still remains a valid ground for civil divorce.
Cruelty
Cruelty can be physical or mental, and is covered under Section 13(1)(i-a). This includes emotional abuse, domestic violence, insults, neglect, or any behavior that makes it unreasonable to continue the marriage. For women, this is a critical provision, as many suffer silently from emotional trauma that isn’t always visible.
This ground is closely linked with Section 498A of the Indian Penal Code, which protects women from cruelty by their husbands or in-laws and includes cruelty related to dowry demands.
Desertion
If one spouse abandons the other without reasonable cause for a continuous period of at least two years, it becomes a valid ground for divorce under Section 13(1)(i-b). Desertion does not merely mean physical separation—it also refers to intentional forsaking of marital duties.
This protects the deserted party, especially women, from being indefinitely stuck in a legally valid but emotionally and socially broken marriage.
Conversion to Another Religion
If one partner converts to another religion and ceases to be a Hindu, the other can file for divorce under Section 13(1)(ii). This clause ensures that people who married under Hindu law remain within its framework. For instance, if a husband converts to Islam and marries again, the first wife has the legal right to seek divorce.
This helps protect women from religious exploitation and bigamy under the veil of conversion.
Unsound Mind or Mental Disorder
A person can file for divorce if the spouse is suffering from a mental illness, making it impossible to live together. As per Section 13(1)(iii), the condition must be incurable or so severe that it affects marital life.
While mental health is a sensitive issue, the law seeks to balance compassion and practicality. Women who are unable to cope with the burden of caring for a mentally unfit spouse are legally entitled to relief.
Communicable Disease
If a spouse is suffering from a virulent and incurable communicable disease, such as HIV/AIDS, leprosy (now repealed in many contexts), or venereal disease, it becomes a ground for divorce under Section 13(1)(v).
This provision allows the other spouse, particularly women concerned about their health and that of their children, to exit such a marriage safely and legally.
Renunciation of the World
If one spouse has renounced worldly life and adopted sanyasa (asceticism), the other partner can seek divorce under Section 13(1)(vi). Such renunciation must be absolute and legal, not just symbolic.
This provision supports women who are left behind in society without emotional, financial, or social support due to their husband’s withdrawal from family life.
Presumption of Death
If a spouse has not been heard of as being alive for at least seven years, the other spouse can file for divorce under Section 13(1)(vii). This ground allows especially women with children to move on and remarry or secure their future.
Special Grounds for Women
The Hindu Marriage Act also provides additional special grounds for women under Section 13(2), which include:
- If the husband has married another woman (bigamy).
- If the husband was guilty of rape, sodomy, or bestiality after marriage.
- If the marriage was solemnized before she was 15 and she repudiated the marriage before 18.
- If a decree of maintenance has been passed in her favor and there’s been no cohabitation for over a year.
These provisions were inserted to safeguard women’s dignity and autonomy, acknowledging the unequal social and financial status women may hold in Indian society.
Protections for Children and Maintenance
In cases of divorce, custody of children, their education, and financial security become critical. Under Section 26 of the Hindu Marriage Act, the court has the authority to pass orders for the custody, maintenance, and education of minor children.
Moreover, under Section 125 of the CrPC, women and children (including step-children and parents) can claim maintenance if they are unable to support themselves. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, also applies if elderly women are abandoned after divorce.
Mnemonic to Remember Grounds for Divorce: “A CCD CURE PS”
Here’s a simple mnemonic to remember all the major grounds for divorce under Hindu Marriage Act:
- A – Adultery
- C – Cruelty
- C – Conversion
- D – Desertion
- C – Communicable disease
- U – Unsound mind
- R – Renunciation of the world
- E – Extra protections for women (Bigamy, rape, repudiation)
- P – Presumption of death
- S – Special grounds (for women and children)
Just think of a “CCD Café Serving Pure Soul” – it’s a memory hack that reminds you of “Adultery, Cruelty, Desertion”, and other grounds along with special protections for women and children.
