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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

Product Description

  • 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

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