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
Ground | Explanation | Required Condition/Period |
---|---|---|
Adultery | Voluntary sexual intercourse with another | Must be proved |
Cruelty | Physical/mental harm causing danger or fear | Includes mental cruelty |
Desertion | Abandoning spouse without consent or reasonable cause | Continuous for 2+ years |
Conversion | Changing religion and ceasing to be Hindu | Conversion to another religion |
Mental Disorder | Incurable mental illness affecting cohabitation | Must be medically established |
Leprosy | Suffering from incurable leprosy | Must be proven |
Venereal Disease | Suffering from communicable venereal disease | Must be proven |
Renunciation | Renouncing worldly life by entering religious order | Must be voluntary and complete |
Not Heard of Being Alive | Missing for 7+ years | Proof 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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