Grounds of divorce as per Hindu Marriage Act, 1955 by Remiya Rani

In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. when the spouse can get divorce or appeal for dissolution of marriage in the court of law. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternative. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approach the court of law and seek the remedy of divorce. Section 13(2) provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.
Grounds of Divorce as per The Hindu Marriage Act
Adultery
The concept of Adultery may not be considered as an offence in many countries. But as per the Hindu Marriage Act, in the matrimonial offence, the adultery is considered as one of the most important ground for seeking divorce. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, the person is liable for the Adultery. The concept of Adultery was inserted under the Hindu Marriage Act by the Marriage Laws Amendment Act, 1976.
In Swapna Ghose v. Sadanand Ghose,, the wife found her husband with other girl lying on the same bed and the neighbour also confirmed that the husband has committed an offence. Here the wife gets the divorce.
Essentials of Adultery
1.One of the spouses involved in the intercourse with another person, married or unmarried, of the opposite sex.
2.Intercourse should be voluntary and consensual.
3.At the time of the act, the marriage was subsisting.
4.There must be sufficient circumstantial evidence to prove the liability of another spouse.
Cruelty
The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person. Well it is easy to determine the nature of physical cruelty but difficult to say about mental cruelty

What is considered as Mental Cruelty against Husband by wife:,Humiliating the husband in front of his family and friends.,Undertaking the termination of pregnancy without husband consent,Making false allegation against him,Denial for Martial Physical Relationship without a valid reason,Wife having affair,Wife living an immoral life,The constant demand for money, Aggressive and uncontrollable behaviour of Wife,Ill-treatment to the husband parents and family.
Desertion
Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage by one party.
Essentials
Permanent abandonment of the other spouse.
Rejection of the obligation of marriage.
Without any reasonable justification.
No consent of another spouse.
Conversion
If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.
Other grounds for divorce are Insanity, Leprosy, Renunciation and Venereal Disease .
As per Section 14, no Court will entertain the petition of divorce within the one year of the marriage. But can be entertained if the matter is related to bigamy, and where the consent of the spouse was taken through misrepresentation, fraud, undue influence etc.

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