Section 13 Of The Hindu Marriage Act

A Hindu marriage is an important commitment. But sometimes, a husband and wife just cannot stay together, and fixing the relationship is impossible. When this happens, the law gives people a clear way to end the marriage legally. This key law is Section 13 of the Hindu Marriage Act, 1955 (HMA), which lists the specific, good reasons (called 'grounds for divorce') that a person can take to a court to legally dissolve their marriage. Knowing what these grounds are is very important for anyone thinking about divorce or wanting to understand their legal rights under Hindu law.

You will learn from this article:

• What does Section 13 mean in the Hindu Marriage Act, 1955?
• A list (grounds) of the main reasons for divorce with sections.
• Extra rights for the wife under Section 13(2).
• How to get a divorce if a couple still does not live together after a court order.

What Is Section 13 Of The Hindu Marriage Act?

Section 13 of the Hindu Marriage Act deals with divorce. It means a marriage can be dissolved when one spouse proves legally recognised misconduct or certain conditions against the other spouse. This section applies to Hindus, Buddhists, Jains, and Sikhs in India. Section 13 defines “when divorce is legally allowed” and what reasons are acceptable in the eyes of the court.

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Grounds For Divorce Under Section 13

Under the Hindu Marriage Act, 1955, there are 8 active divorce grounds available to both husband and wife, along with 4 special grounds available only to the wife. These grounds explain the legal reasons on which a spouse can seek divorce in India.

Divorce Grounds Under Section 13 of the Hindu Marriage Act, 1955

1. Cruelty – Section 13(1)(ia)

Cruelty includes any mental or physical harm, such as abuse, harassment, insults, or behaviour that makes it impossible or unsafe to live together. This is a valid divorce ground under Section 13(1)(ia).

Mrs. Darshana W/O Alok Borkar vs. Alok S/O Namdeo Borkar (6 April 2021)

Issue: In the case of Mrs. Darshana vs. Alok Borkar, the wife, Mrs. Darshana, asked the court to end her marriage because her husband, Alok, treated her very badly. She said that he often said harsh things to her, ignored her, and threatened her, which caused her a lot of emotional pain. She also said that her husband left their home and did not come back or support her for more than two years. The main question was whether this bad treatment was enough to call it cruelty under Section 13(1)(ia) of the Hindu Marriage Act, and if the husband leaving her for so long counted as desertion under Section 13(1)(ib). The court had to decide if these reasons were enough to legally end their marriage.

Judgment: The court looked at the facts and heard from both sides. It found that the husband's harsh words and ignoring the wife caused her great mental suffering, which is called mental cruelty under the law. The court also saw that the husband had left the home and did not return or care for the wife for over two years, which is desertion. Since both cruelty and desertion had happened, the court decided to end their marriage and granted the divorce to Mrs Darshana. This case shows that if one spouse treats the other very badly or leaves without a reason for a long time, the law allows the marriage to be ended.

2. Adultery – Section 13(1)(i)

Adultery means your spouse has willingly had sexual relations with someone else. If this happens, the Hindu Marriage Act allows you to file for divorce under Section 13(1)(i).

Rajesh Kumar Singh vs. Smt. Rekha Singh And Ors.

Issue: In the case of Rajesh Kumar Singh vs. Smt. Rekha Singh and Ors., the husband, Rajesh Kumar Singh, filed for divorce on the ground of cruelty. He alleged that his wife, Rekha Singh, along with others, subjected him to mental and emotional cruelty by making false accusations, insulting him repeatedly, and creating a hostile environment that made married life unbearable. The main legal question was whether such treatment by the wife and others amounted to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying a divorce.

Judgment: The court carefully examined the evidence and testimonies. It found that the husband’s allegations of cruelty were supported by credible proof showing continuous mental harassment by the wife and the respondents. The court held that cruelty is not limited to physical violence but includes any behaviour that causes serious mental pain or suffering. Since the husband's case showed that the marital relationship had become intolerable due to this cruelty, the court granted the divorce under Section 13(1)(ia). This case reinforces that persistent mental cruelty is a valid and sufficient ground for divorce.

3. Desertion – Section 13(1)(ib)

Desertion means your spouse has left you without a good reason and has stayed away for at least two years. If this happens, you can seek divorce under Section 13(1)(ib).

Shobha Kalra vs. Kamal Kalra

Issue: In the case of Shobha Kalra vs. Kamal Kalra, the wife filed for divorce claiming that her husband, Kamal Kalra, subjected her to severe cruelty, both mental and physical. She described repeated insults, threats, neglect, and emotional harassment that made her married life unbearable. She also alleged that her husband had deserted her by leaving the matrimonial home for a long period without any intention of returning. Therefore, she sought divorce on the grounds of cruelty (Section 13(1)(ia)) and desertion (Section 13(1)(ib)) under the Hindu Marriage Act, 1955. The court had to decide whether these grounds were valid and sufficient to grant a divorce.

Judgment: The Punjab and Haryana High Court carefully reviewed the evidence, including statements from both parties. The court found that Kamal Kalra’s continuous mental cruelty, such as insults, threats, and neglect, caused significant emotional suffering to the wife. The court held that cruelty is not only about physical harm but also includes mental torture that destroys the peace and harmony of married life. Furthermore, the court found that the husband had deserted the wife by leaving the marital home and failing to return or support her for an extended period, thereby fulfilling the legal definition of desertion. Based on these facts, the court granted a divorce under Section 13(1)(ia) for cruelty and Section 13(1)(ib) for desertion. This case highlights that either cruelty or desertion alone can be a strong ground for divorce, and both combined clearly justify ending a marriage when life together becomes impossible.

4. Conversion – Section 13(1)(ii)

If your spouse stops being Hindu by converting to another religion, you can file for divorce under Section 13(1)(ii) of the Act.

Suresh Gupta vs. Nisha Gupta Case

Issue: In Suresh Gupta vs. Nisha Gupta, the husband converted to another religion after marriage. The wife filed for divorce on the grounds of conversion. The issue was whether this conversion legally justified divorce under Section 13(1)(ii), given that the other spouse did not accept the new religion.

Judgment: The Supreme Court held that conversion impacts the core of the marital bond. Since marriage is partly based on religious compatibility, unilateral conversion affects marital harmony and shared religious life. The Court granted the divorce because forcing the wife to live under the new religion was unreasonable. The judgment emphasized that conversion must be formal and genuine to justify divorce.

5. Unsoundness of Mind (Mental Disorder) – Section 13(1)(iii)

A serious mental illness that makes living together unsafe, difficult, or unreasonable is considered a ground for divorce under Section 13(1)(iii).

Ram Narain Gupta vs. Rameshwari Gupta

Issue: In Ram Narain Gupta vs. Rameshwari Gupta, the husband sought divorce on grounds of the wife’s mental illness. The question was whether mental illness must be severe and proven medically, and whether it must make marital life unfeasible to qualify under Section 13(1)(iii).

Judgment: The Supreme Court held that not all mental illnesses qualify; the illness must be severe, continuous, and medically established. The Court emphasized that the mental condition must make cohabitation unsafe or unreasonable. Temporary or mild mental health problems do not justify divorce. After reviewing medical evidence, the Court allowed the divorce.

6. Venereal Disease / Leprosy – Section 13(1)(v) & (v-a) (Before 2019 Amendment)

If your spouse has a communicable sexually transmitted disease (STD) that can risk your health, you can seek divorce under Section 13(1)(v).

Issue: In Pankaj Mahajan vs. Dimple (2011), the husband claimed the wife had a serious venereal disease affecting their marital life. The question was whether the presence of such a disease legally justified divorce under the then-existing provisions.

Judgment: The Supreme Court held that if a disease is serious, contagious, and disrupts marital life, divorce can be granted under Section 13(1)(v) or (v-a). The Court stressed that medical proof is necessary, and the illness must substantially affect cohabitation. This judgment guided many such cases before the legal change in 2019.

7. Renunciation – Section 13(1)(vi)

If your spouse becomes a monk/sanyasi and gives up all worldly relationships, you can file for divorce under Section 13(1)(vi).

Issue: In cases applying principles from Surestha Devi vs. Om Prakash, a spouse took formal religious vows and gave up all worldly life. The issue was whether this renunciation legally ended the marriage under Section 13(1)(vi).

Judgment: The Supreme Court held that formal renunciation is a valid ground for divorce because it signifies complete withdrawal from family life. The spouse who renounces can no longer fulfill marital obligations. Divorce was granted in such cases.

8. Presumption of Death – Section 13(1)(vii)

If your spouse has not been heard of for 7 years or more by people who would normally know about them, the law treats them as presumed dead. This allows you to seek divorce under Section 13(1)(vii).

Issue: In cases applying Lata Kamat vs. Vilas Kamat, the spouse had been missing for over 7 years. The question was whether the court could legally presume death and allow divorce based on that presumption under Section 13(1)(vii).

Judgment: The Supreme Court held that when a spouse has been absent for seven years and cannot be found despite reasonable efforts, the court can presume death under Section 108 of the Evidence Act. Based on this presumption, the court granted a divorce, allowing the remaining spouse to move on with their life.

Additional Legal Provisions Under Section 13(1A)

Section 13(1A) allows either husband or wife to seek a divorce if they have already taken a judicial separation or restitution of conjugal rights order from the court, but still have not lived together again. In simple words, if the couple does not resume their marital relationship for at least one year or more after these court orders, either spouse can apply for divorce. This section helps couples end the marriage when reconciliation is no longer possible.

Conclusion

Section 13 of the Hindu Marriage Act provides a clear and structured legal mechanism for seeking divorce. It recognizes that marriages can fail due to cruelty, desertion, abuse, conversion, mental disorders, or other valid reasons. While divorce is a significant and emotional decision, understanding this section empowers individuals with legal awareness and safeguards their rights in a failing marriage. Whether you are exploring divorce options, facing marital issues, or seeking clarity, Section 13 ensures that the law protects your dignity and provides a lawful exit from an unbearable relationship.

Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. Divorce laws may vary depending on circumstances, amendments, and court decisions. For accurate guidance, consult a certified divorce lawyer or family law expert before making any legal decisions.