What is Divorce under Hindu law?
Section 13 of the Hindu Marriage Act, 1955 expounds grounds on which contested divorce can be obtained.
How does it work?
- Adultery- It is a criminal offense where either of the spouses is involved in sexual relations with someone out of the marriage.
- Cruelty- It is defined as a willful act that can cause danger to body, limb, life or to mental health. It can include causing pain, abusing, torturing, mentally or physically.
- Desertion- When a spouse willfully abandons another without any intention of coming back, it is known as Desertion. Desertion for more than two years could be a valid ground for divorce.
- Religion Conversion- In a Hindu marriage, if either of the spouses ceases to be a Hindu then it can be considered as a ground for divorce.
- Mental Disorder- Mental disorder includes unsoundness of mind, mental illness, or such mental disorder which makes the person abnormally aggressive.
- Communicable Diseases and Leprosy- Leprosy is a contagious and chronic disease that causes lesions on skins and nerve damage.
- Spouse not heard of- If either of a spouse is not heard of for more than seven years, then it can be considered as a ground for divorce.
- Renunciation of the world- Under the Hindu Law, the “Renunciation of the world” is a ground for divorce, if either of the spouses has renounced the world and has entered a holy order.
Key documents for your property to be verified?
some of the key documents you should have:
- Residence Proof of Husband and Wife
- Marriage Certificate
- Photographs of Husband and Wife
- Proof to show that mediation was unsuccessful and the parties couldn’t be reconciled.
- Evidence to show that husband and wife have been living separately for more than one year
- Information regarding the family background of the couple.
- Details of the property and assets owned by the spouse.
- Details of husband and wife profession and present incomes
- Income tax statements of three financial years
- There are three other grounds of divorce available only to the wife which are:
- Husband has been guilty of rape, sodomy or bestiality.
- The wife was married before the age of fifteen.
- A decree or order has been given by court awarding maintenance to the wife and they have not been living together for more than one year