When one spouse does not agree to a divorce by mutual consent, the other must go to court and prove a ground the law recognises. This guide sets out those grounds as the Hindu Marriage Act states them, with the time limits and related remedies. The Act applies to Hindus, Buddhists, Jains and Sikhs. Muslim, Christian and inter-faith marriages are governed by other laws; see the links at the end.
Grounds available to either spouse
| Ground (Section 13(1)) | What the Act requires |
|---|---|
| Adultery (i) | After the marriage, the other spouse voluntarily had sexual intercourse with someone else |
| Cruelty (ia) | After the marriage, the other spouse treated the petitioner with cruelty |
| Desertion (ib) | Desertion for a continuous period of at least two years immediately before the petition. The Act explains desertion as leaving without reasonable cause and without the other’s consent or against their wish, and it includes wilful neglect |
| Conversion (ii) | The other spouse has ceased to be a Hindu by converting to another religion |
| Mental disorder (iii) | Incurable unsoundness of mind, or a mental disorder of a kind and degree that the petitioner cannot reasonably be expected to live with the respondent |
| Venereal disease (v) | Suffering from venereal disease in a communicable form |
| Renunciation (vi) | Renounced the world by entering a religious order |
| Presumed death (vii) | Not heard of as alive for seven years or more by those who would naturally have heard |
Clause (iv), on leprosy, was omitted by the Personal Laws (Amendment) Act, 2019 (Act 6 of 2019), which also removed leprosy as a ground under the Dissolution of Muslim Marriages Act and the Special Marriage Act.
After a court decree that was not followed: Section 13(1A)
Either spouse can also seek divorce if, for one year or more after a decree:
- for judicial separation, the couple have not resumed living together; or
- for restitution of conjugal rights, the decree has not been complied with.
This matters if your spouse has filed for restitution of conjugal rights; see what to do if your husband files for restitution of conjugal rights.
Additional grounds for a wife: Section 13(2)
- Bigamy before the Act: for marriages before the Act came into force, the husband had another wife living at the time, who is still alive when the petition is filed.
- Sexual offences: since the marriage, the husband has been guilty of rape, sodomy or bestiality.
- Maintenance order and separation: a maintenance order has been passed in the wife’s favour (under the Hindu Adoptions and Maintenance Act, or the criminal procedure law’s maintenance provision), and the couple have not lived together for one year or more since.
- Child marriage: she was married before 15 and repudiated the marriage after turning 15 but before 18.
The one-year rule: Section 14
A divorce petition cannot be filed within one year of the marriage. The court may allow an earlier petition only if the case involves exceptional hardship to the petitioner or exceptional depravity by the respondent. In deciding, the court considers the children’s interests and whether the couple could reasonably be reconciled within the year.
Other remedies under the same Act
- Judicial separation (Section 10): on the same grounds as divorce. The spouses no longer have to live together, but the marriage continues. Some people choose this first.
- Divorce by mutual consent (Section 13B): when both agree, after living separately for at least a year; see mutual consent divorce.
- Interim maintenance and costs (Section 24): a spouse without enough independent income can ask the court for support and litigation expenses while the case runs.
- Permanent alimony (Section 25): the court can order a lump sum or periodic payment when it passes a decree.
Reconciliation comes first
Section 23(2) requires the court to make every effort to bring about reconciliation before granting relief where that is possible, except in petitions on conversion, mental disorder, venereal disease, renunciation or presumed death. Under Section 23(3), the court can adjourn for up to 15 days and refer the matter to a person to try to bring about a reconciliation.
Where the case is filed in Mumbai
Matrimonial cases in Mumbai are heard by the Family Court at Bandra. See which court handles my case and the checklist of documents before filing.
Common questions
What counts as cruelty?
The Act does not define cruelty; courts decide it on the facts of each marriage, looking at conduct as a whole. Records help: messages, medical papers, police complaints, and witnesses.
My husband left two years ago. Is that desertion?
Desertion needs at least two continuous years immediately before the petition, without reasonable cause and without your consent. The reasons for the separation are examined in court.
Can I file for divorce in my first year of marriage?
Only with the court’s permission, on exceptional hardship or depravity (Section 14).
I am Muslim. Do these grounds apply?
No. See divorce under the Dissolution of Muslim Marriages Act and khula.
Sources
- Hindu Marriage Act, 1955, Sections 9, 10, 13, 13B, 14, 23, 24 and 25 (text published by a state government; note that this copy predates the 2019 amendment)
- Personal Laws (Amendment) Act, 2019 (Act No. 6 of 2019), omitting leprosy as a ground (text of the Act)
This guide is general information. Whether a ground can be proved depends on the facts and evidence in each case.