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Grounds of divorce under Hindu Marriage Act, 1955

According to Section 13 of Hindu Marriage Act, 1955 lays down as under:

Section 13. 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) is living in adultery; or

ii) has ceased to be a Hindu by conversion to another religion; or

iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

v) had, for a period of not less than three years immediately preceding the presentation of the petition, 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; or

viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

(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.
 
GROUND ON WHICH MARRIAGE CAN BE DISSOLVED:
1.      Adultery
2.      Cruelty
3.      Desertion and failure to maintain
4.      Conversion to another religion
5.      Incurable mental disorder
6.      Incurable mental disorder which may result in abnormally aggressive          or irresponsible behaviour
7.      Virulent and incurable leprosy, or communicable venereal disease not          contracted from the party filing the application.
8.      Renunciation of worldly life.
 
Muslim personal law also grants several options for the husband to seek divorce without approaching the court. The wife would be entitled to maintenance and dower and also to appeal the divorce in court.
 
JURISDICTION FOR FILLING OF PETITION FOR DIVORCE
  1. a court capable of entertaining matrimonial cases
  2. a court that has territorial jurisdiction over the place of marriage, the place where the couple last resided together, and the place where the respondent spouse currently resides. If the respondent resides abroad, then the petition can also be filed in India the place of residence of the petitioner.
  3. For the decree to be valid, the court must apply the law under which the marriage was solemnized.
An appeal against the decree has to be filed in the court having supervisory powers over the first court.

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Divorce law in india | Grounds for divorce in india | Annulment of marriage | Right of property after divorce | Maintenance in divorce cases
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divorce decree & inforcement | Foreign divorce decree inforcement