Section 13 of the Hindu Marriage Act, 1955

Section 13 of the Hindu Marriage Act, 1955

What is Section 13 about?

Section 13 deals with the grounds for divorce under Hindu law.

It specifies the conditions under which a Hindu marriage can be dissolved by a court.

Key Grounds for Divorce under Section 13:

A spouse may file for divorce if the other spouse:

Adultery: Has voluntary sexual intercourse with someone else.

Cruelty: Has treated the spouse with physical or mental cruelty.

Desertion: Has deserted the spouse for a continuous period of not less than two years.

Conversion: Has ceased to be a Hindu by converting to another religion.

Mental Disorder: Has been incurably mentally ill or suffered from mental disorder making cohabitation impossible.

Leprosy: Has been suffering from a virulent and incurable form of leprosy.

Venereal Disease: Has been suffering from a communicable venereal disease.

Renunciation: Has renounced the world by entering a religious order.

Not Heard for 7 Years: The spouse has not been heard of as being alive for seven years or more.

Summary Table of Grounds

GroundExplanationRequired Condition/Period
AdulteryVoluntary sexual intercourse with anotherMust be proved
CrueltyPhysical/mental harm causing danger or fearIncludes mental cruelty
DesertionAbandoning spouse without consent or reasonable causeContinuous for 2+ years
ConversionChanging religion and ceasing to be HinduConversion to another religion
Mental DisorderIncurable mental illness affecting cohabitationMust be medically established
LeprosySuffering from incurable leprosyMust be proven
Venereal DiseaseSuffering from communicable venereal diseaseMust be proven
RenunciationRenouncing worldly life by entering religious orderMust be voluntary and complete
Not Heard of Being AliveMissing for 7+ yearsProof of absence required

Legal Effect:

On proof of any of these grounds, the court may grant a decree of divorce.

Section 13 provides a legal framework to dissolve a marriage when it has irretrievably broken down.

Important Case Law:

Sarla Mudgal v. Union of India (1995): Clarified issues relating to conversion and divorce.

Ramesh Chander Kaushal v. Veena Kaushal (AIR 1985 SC 945): Emphasized cruelty as a ground and explained mental cruelty.

Dharma Pal v. Sushila (1969): Discussed desertion and its legal requirements.

Quick Recap:

Section 13 is the backbone for divorce proceedings under Hindu law.

It lists nine grounds on which a spouse can seek divorce.

Divorce can only be granted after satisfactory proof of these grounds before the court.

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