Dissolution of Hindu Marriage
⚖️ Dissolution of Hindu Marriage under the Hindu Marriage Act, 1955
Dissolution of marriage refers to ending a valid marriage either by divorce or annulment (voidable marriage). The Hindu Marriage Act (HMA), 1955, provides detailed provisions for this.
1️⃣ Modes of Dissolution
(A) Divorce (Judicial Dissolution)
Governed mainly by Section 13 HMA.
Divorce is a judicial remedy to end a valid Hindu marriage.
Grounds for Divorce (Sec 13(1))
Either spouse can file for divorce on the following grounds:
Adultery – voluntary sexual intercourse outside marriage.
Cruelty – mental or physical cruelty making life intolerable.
Desertion – continuous desertion for at least 2 years.
Conversion – spouse converts to another religion.
Unsound Mind – incurable mental disorder making cohabitation impossible.
Leprosy – venereal or communicable diseases (previously included).
Renunciation – spouse renounces the world.
Presumed Death – spouse has not been heard of for 7 years.
Judicial Principles
Divorce is not automatic; the court examines evidence.
Courts often encourage mediation and reconciliation.
Mutual consent divorce under Section 13B is now widely used.
(B) Annulment (Voidable Marriage)
Governed by Section 12 HMA.
Applicable for voidable marriages, which are valid until annulled.
Grounds for Annulment
Lack of consent – at the time of marriage, consent obtained by force, coercion, or fraud.
Unsound mind – inability to give valid consent.
Concealment – non-disclosure of pregnancy, impotency, or prior marriage.
Communicable venereal disease.
Minority of bride – if female was under 18 at the time of marriage.
Effect: Marriage ceases to exist legally after annulment.
2️⃣ Mutual Consent Divorce (Section 13B HMA)
Both parties mutually agree to dissolve the marriage.
Petition can be filed after 6 months of separation.
Court verifies genuine consent and reconciliation attempts.
If satisfied, the court passes a divorce decree.
3️⃣ Judicial Separation (Section 10 HMA)
Not a dissolution but legal separation.
Spouses live apart without ending marriage.
Grounds are similar to divorce.
Can be converted into divorce later under Section 13.
4️⃣ Effect of Dissolution
| Aspect | Divorce | Annulment |
|---|---|---|
| Marriage Status | Ends legally | Declared void from the beginning (voidable) |
| Children | Legally legitimate | Legally legitimate |
| Property Rights | Governed by Hindu Succession Act & maintenance provisions | Similar rights, depends on decree |
| Consent | Not always needed | Essential for annulment |
5️⃣ Case Laws
Smt. Githa Hariharan v. RBI (1999) 2 SCC 228
Court emphasized equality of spouses in judicial remedies including dissolution.
Smt. Savitri Devi v. State of UP AIR 1964 SC 744
Divorce on cruelty recognized as valid ground.
Himani S. Khanna v. Vimal Khanna (1998) 2 SCC 745
Mutual consent divorce must reflect true consent and absence of coercion.
Rukmini Devi v. Narayanaswamy (1979) 3 SCC 120
Clarified unsoundness of mind and fraud as ground for annulment.
✅ Key Takeaways
Divorce ends marriage; annulment declares marriage voidable.
Grounds include adultery, cruelty, desertion, mental disorder, fraud, or lack of consent.
Mutual consent divorce is simpler and quicker.
Courts encourage reconciliation but protect individual rights.
Children remain legally legitimate irrespective of dissolution type.
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