Grounds for Divorce Under the Hindu Marriage Act

Under the Hindu Marriage Act, 1955, a marriage can be dissolved on the fault and status grounds listed in Section 13(1), on the two "decree not obeyed" grounds in Section 13(1A), on four extra grounds open only to the wife in Section 13(2), or by mutual consent under Section 13B. Irretrievable breakdown of marriage is not a ground in the Act itself, but since Shilpa Sailesh v. Varun Sreenivasan (2023) the Supreme Court can dissolve a broken marriage under Article 142 of the Constitution. Every petition is also subject to the one year bar in Section 14 and the conditions in Section 23.

This explainer is written for B.A. LL.B. and LL.B. students preparing for family law papers, and for anyone in Tamil Nadu trying to understand what the law actually says before speaking to a lawyer. Divorce is a standard question in family law papers, and the structure below works both for an exam answer and for a first conversation with a lawyer.

What grounds are available to either spouse under Section 13(1)?

Section 13(1) lets a husband or a wife petition for divorce if the other spouse:

• (i) Adultery: has had voluntary sexual intercourse with a person other than the spouse after the marriage.
• (ia) Cruelty: has treated the petitioner with cruelty after the marriage.
• (ib) Desertion: has deserted the petitioner for a continuous period of at least two years immediately before the petition. The Explanation says desertion means leaving without reasonable cause and without consent, and includes wilful neglect.
• (ii) Conversion: has ceased to be a Hindu by converting to another religion.
• (iii) Mental disorder: has been incurably of unsound mind, or has suffered continuously or intermittently from mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent.
• (v) Venereal disease: has been suffering from venereal disease in a communicable form.
• (vi) Renunciation: has renounced the world by entering a religious order.
• (vii) Presumed death: has not been heard of as alive for seven years or more by those who would naturally have heard.

Notice the gap at clause (iv). It used to cover incurable leprosy. The Personal Laws (Amendment) Act, 2019 removed leprosy as a ground for divorce, so a student who still lists it in 2026 is quoting an outdated text. Older bare acts and some websites have not caught up, so always check the current version on India Code.

What are Section 13(1A) and the wife's special grounds in Section 13(2)?

Section 13(1A) gives either party a ground where there has been no resumption of cohabitation for one year or more after a decree of judicial separation, or no restitution of conjugal rights for one year or more after a decree for restitution. Even the spouse at fault can use this clause, subject to Section 23.

Section 13(2) adds four grounds that only a wife can use:

1. the husband had another wife living from a marriage before the Act came into force;
2. the husband has, since the marriage, been guilty of rape, sodomy or bestiality;
3. a maintenance order was passed in her favour under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, or under the maintenance provision of the criminal procedure code, and cohabitation has not resumed for one year or more since;
4. she was married before 15 and repudiated the marriage after 15 but before 18.

On clause (iii), remember that the Code of Criminal Procedure was replaced on 1 July 2024. The maintenance provision that was Section 125 CrPC is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The text of Section 13(2)(iii) still refers to the old Code, so in an answer write "Section 125 CrPC (now Section 144 BNSS)".

How does divorce by mutual consent work under Section 13B?

Both spouses file a joint petition before the District Court stating that they have lived separately for one year or more, that they have not been able to live together, and that they have agreed to dissolve the marriage. After the first motion, the second motion is made not earlier than six months and not later than eighteen months from the date of presentation, if the petition has not been withdrawn. The court then hears the parties and grants the decree if satisfied.

In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six month period in Section 13B(2) is directory, not mandatory. A court may waive it where the statutory separation period and the six months have already run before the first motion, mediation has failed, the parties have settled alimony, custody and other issues, and waiting would only prolong their distress.

Where does a couple file, and what limits apply?

Take a couple who married in Nagercoil and later moved to Chennai. Under Section 19, the petition can be filed in the District Court where the marriage was solemnised, where the respondent lives, where they last lived together, or, if the wife is the petitioner, where she now lives. Where a Family Court has been set up for the area under the Family Courts Act, 1984, the matter goes there, so check with the local court registry.

• One year bar (Section 14): no divorce petition within one year of marriage, unless the court grants leave for exceptional hardship to the petitioner or exceptional depravity of the respondent.
• Bars to relief (Section 23): no relief if the petitioner is taking advantage of their own wrong, has condoned or connived at adultery or cruelty, the petition is collusive, or there is unnecessary delay. The court must first try to reconcile the parties, except for grounds (ii) to (vii).
• Alternative relief (Section 13A): the court may grant judicial separation instead of divorce, except on the conversion, renunciation and presumed death grounds.
• Appeal and remarriage (Sections 28 and 15): an appeal lies within ninety days of the decree, and either party may remarry only once the decree is final.

How has the Supreme Court read cruelty and breakdown?

Cruelty is the ground most often pleaded, and the Act does not define it. In Samar Ghosh v. Jaya Ghosh (2007), decided on 26 March 2007, the Court gave a list of illustrations of mental cruelty and said plainly that the list is illustrative, not exhaustive. Examples include sustained neglect or indifference that harms mental health, a unilateral refusal of sexual relations for a long period without valid reason, and a unilateral decision after marriage not to have a child. Mere coldness or lack of affection is not enough by itself.

In Shilpa Sailesh v. Varun Sreenivasan, decided by a five judge Constitution Bench on 1 May 2023, the Court held that it can grant divorce under Article 142 where a marriage has irretrievably broken down, even if one spouse objects, and can waive the Section 13B waiting period. It listed factors such as how long the parties lived together, when they last cohabited, the nature of the allegations, attempts at settlement and the length of separation. This power belongs to the Supreme Court alone. A Family Court in Madurai cannot grant divorce on breakdown as a ground.

How should you write this in an exam?

1. Open with the statute: Sections 13, 13(1A), 13(2) and 13B, with the clause numbers.
2. Classify the grounds: fault grounds, status grounds, decree based grounds, wife's grounds and consent.
3. Explain one or two grounds in depth, usually cruelty and desertion, with Samar Ghosh.
4. Add the procedural filters: Sections 14, 19 and 23.
5. Close with the current position: leprosy omitted in 2019, Amardeep Singh on waiver, and Shilpa Sailesh on Article 142.

If you are applying for a law programme and want to see how family law fits into the syllabus, the programmes page sets out the courses.

Sources

• India Code: The Hindu Marriage Act, 1955: official record of Act 25 of 1955.
• Kerala LSGD Panchayatwiki: Hindu Marriage Act, 1955: section-wise text of Sections 13 to 28 (last updated January 2019, so it still shows the old leprosy clause).
• Supreme Court of India: Samar Ghosh v. Jaya Ghosh (2007): judgment on mental cruelty.
• Supreme Court Observer: Shilpa Sailesh judgment in plain English: summary of the 2023 Constitution Bench ruling.
• PRS Legislative Research: Personal Laws (Amendment) Bill, 2018: bill passed in February 2019 to remove leprosy as a ground for divorce.
• LiveLaw: Maintenance under BNSS: note that Section 125 CrPC is now Section 144 BNSS.