Definition of Section 13 of Hindu Marriage Act According to the Government of India
Section 13 of Hindu Marriage Act: Divorce.— (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
- (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
- (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation.— In this clause,—
- (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
- (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub—normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;
Explanation.— In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.
(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,—
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Explanation.— This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).
STATE AMENDMENT
Uttar Pradesh
Amendment of section 13 of Act XXV of 1955.— In sub-section (1) of section 13 of the Hindu Marriage Act, 1955,–
- (a) after clause (i) the following new cause shall be inserted and shall be deemed always to have been inserted;
- “(i-a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party ;or”, and
- (b) for clause (vii), the following clause shall be substituted and shall be deemed always to have been substituted;
“(viii) has not resumed cohabitation after the passing of a decree for judicial separation against that party and—
- (a) a period of two years has elapsed since the passing of such decree, or
- (b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the other party; or”.
[Vide Uttar Pradesh Act XIII of 1962, s. 2]
13A. Alternate relief in divorce proceedings.— In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.
13B. Divorce by mutual consent.— (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
What is Section 13 of Hindu Marriage Act?
Section 13 – Divorce under the Hindu Marriage Act
A husband or wife can file a case in court for divorce after marriage (whether marriage happened before or after this Act started) on the following grounds:
(1) Grounds for Divorce (For Husband or Wife)
Either husband or wife can ask for divorce if the other person:
1. Adultery: Has had sexual relations with someone else after marriage.
2. Cruelty: Has treated the husband or wife in a cruel way (physical or mental harassment).
3. Desertion: Has left the spouse without good reason and without consent for at least 2 continuous years before filing the divorce case.
Desertion means:
- Leaving the spouse without reasonable cause,
- Without permission or against their wish,
- Including intentionally neglecting the spouse.
4. Conversion: Has stopped being a Hindu by converting to another religion.
5. Mental Disorder: Is suffering from serious mental illness or unsound mind, and because of that, it is not reasonable for the spouse to live with them.
Mental disorder includes:
- Mental illness
- Incomplete mental development
- Psychopathic disorder
- Schizophrenia
Psychopathic disorder means: A long-lasting mental problem that causes very aggressive or irresponsible behavior, whether or not treatment is possible.
6. Venereal Disease: Has a sexually transmitted disease which can spread to others.
7. Renouncing the World: Has left worldly life and joined a religious order (for example, becoming a sanyasi).
8. Missing for 7 Years: Has not been heard alive for 7 years or more by people who would normally have heard from them.
(1A) Divorce After Court Orders
Either party can also file for divorce if:
- There has been no resumption of cohabitation for 1 year or more after a court order of judicial separation.
- There has been no restitution of conjugal rights for 1 year or more after a court order for restitution of conjugal rights.
(2) Special Grounds Only for Wife
A wife can also file for divorce on these additional grounds:
1. Husband Already Married (Before the Act)
If the husband had another wife living at the time of her marriage, and that other wife is still alive when she files the divorce case.
2. Sexual Offences
If the husband is guilty of Rape, Sodomy, Bestiality
3. Maintenance Order
If Court has ordered maintenance (money for support) to the wife under law, She is living separately, And they have not lived together for 1 year or more after that order. Cohabitation between the parties has not been resumed for one year or more.
4. Child Marriage
If She was married (whether consummated or not) before turning 15 years old, and She rejected the marriage after turning 15 but before turning 18.
State Amendment – Uttar Pradesh
In the state of Uttar Pradesh, there are some changes:
1. Cruelty (More Specific)
If the cruelty is repeated or continuous and causes fear that living together will be harmful, divorce can be granted.
2. After Judicial Separation
Divorce may be granted if either two years have passed without resuming cohabitation after a judicial separation, or the case involves exceptional hardship or of exceptional depravity on the part of the other party.
13A. Alternate relief in divorce proceedings
Section 13A empowers the court to grant judicial separation instead of divorce, even when the petition is filed for divorce — except when divorce is sought on specific grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13.
13B. Divorce by mutual consent
(1) Filing for Mutual Divorce: Husband and wife can jointly file a petition in the District Court for divorce if:
- They have been living separately for at least one year,
- They are not able to live together, and
- They both agree that the marriage should end.
It does not matter whether the marriage happened before or after the 1976 amendment of the law. Both husband and wife must file the petition together.
(2) Second Motion and Court Order: After filing the petition:
- They must wait for at least 6 months (this is called the cooling-off period).
- They must make the second motion within 18 months from the date of filing.
- If they withdraw the petition before this, the divorce will not happen.
If they continue with the petition:
- The court will hear both parties.
- The court will check that:
- The marriage was legally performed.
- The statements in the petition are true.
If the court is satisfied, it will pass a divorce decree. The marriage will legally end from the date the court passes the decree.
Note: Courts may waive this Cooling-Off period in appropriate cases, as held in Amardeep Singh v. Harveen Kaur.