Section 13 of The Hindu Marriage Act (HMA)

Synopsis

Bare Act: The exact text of Section 13 of The Hindu Marriage Act, 1955.
Introduction: Overview of tthe Divorce under Hindu Law
Meaning/Definition/Explanation: Defines the grounds for divorce listed in Section 13, such as adultery, cruelty, desertion, and mutual consent, with clear explanations of key terms.
Interpretation: Discusses judicial interpretations and legislative intent behind the divorce grounds.
Types/Classifications: Grounds for Divorce under Section 13.
Case Law: Key judicial decisions of the application of Section 13.
Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
Questions to Think About: Reflective questions to deepen understanding.

Bare Act

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) 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.

Introduction

Marriage is a sacred bond, but sometimes, things may not go well between the husband and wife. In such situations, the law gives a way to legally end the marriage — this is called divorce. Section 13 of the Hindu Marriage Act, 1955, talks about the grounds (reasons) for getting a divorce. This section helps both men and women protect their dignity and move forward if the marriage becomes impossible to continue.

Meaning / Definition / Explanation

Section 13 of the Hindu Marriage Act, 1955 provides the grounds on which a Hindu marriage can be dissolved through a decree of divorce. According to Section 13, either of the spouses (husband or wife) can file a petition in the court for divorce on specific grounds. These are serious reasons that make it difficult or impossible for the couple to live together as husband and wife. These grounds include things like:

Adultery: When one spouse has voluntary sexual relations with someone else after marriage.
Cruelty: When one spouse treats the other so badly—physically or mentally—that it’s impossible to live together.
Desertion: When one spouse leaves the other without a valid reason for at least two years or more.
Conversion: When one spouse changes their religion and stops being a Hindu.
Mental Disorder: When one spouse has a severe mental illness that makes it unreasonable for the other to live with them.
Venereal Disease: When one spouse has a communicable sexual disease.
Renunciation: When one spouse gives up worldly life to join a religious order.
Presumed Death: If one of the spouses is missing for seven years or more and has not been found, he or she is presumed dead. In such a case, it becomes a valid ground for divorce for the other spouse.

There are also extra grounds for wives, like if the husband has another wife from before the marriage or commits serious crimes like rape. Section 13(1A) adds grounds related to judicial separation or restitution of conjugal rights, and Section 13B allows divorce by mutual consent—when both spouses agree to part ways. The law also includes clear definitions, like what “mental disorder” or “desertion” means, to avoid confusion.

Interpretation

Courts have interpreted Section 13 with a focus on fairness and practicality. The idea is to protect the institution of marriage while allowing relief in cases of genuine hardship. For example:

Cruelty: Courts have ruled that cruelty isn’t just physical abuse—it can include mental harassment, like constant insults or neglect. In Naveen Kohli v. Neelu Kohli (2006), the Supreme Court said cruelty includes anything that makes it impossible for the couple to live together peacefully.
Desertion: The Supreme Court in Bipin Chandra v. Prabhawati (1957) clarified that desertion means not just leaving but also abandoning marital duties without consent or a valid reason.
Mental Disorder: Courts require proof that the mental illness is so severe that cohabitation is unbearable. The explanation in the Act makes it clear that even disorders like schizophrenia can qualify if they disrupt normal life. The legislative intent is to balance individual rights with societal values, ensuring divorce isn’t too easy but is available when a marriage is truly broken.
Judicial Intent: The lawmakers wanted to balance protecting the sanctity of marriage with giving people a way out of harmful or broken relationships. That’s why grounds like cruelty and desertion were added over time to make the law more practical.

Courts also consider state amendments, such as that of Uttar Pradesh, where cruelty is more specifically defined, and the rules for judicial separation are more stringent.

Types / Classifications

Let’s break down the grounds under Section 13 into simple categories:

A. General Grounds (Available to Both Husband and Wife)

Adultery – Sexual relations outside marriage.
Cruelty – Physical or mental harm.
Desertion – Leaving the spouse without reason for 2 years or more.
Conversion – Becoming non-Hindu.
Mental Disorder – Serious mental illness.
Venereal Disease – Transmissible sexual disease.
Renunciation – Becoming a sanyasi.
Unheard of for 7 Years – No contact or news about the person.

B. Additional Grounds Available to the Wife Only

Husband has another living wife from before the Act started.
Husband is guilty of rape, sodomy or bestiality.
A decree or order has been passed against the husband, as the case may be, providing for maintenance to the wife even though she is living separately and since the passing of such decree or order, cohabitation between the parties has not been resumed for a period of one year or more;
The marriage took place before the wife attained the age of 15 years, and she repudiated it before she attained the age of 18 years.

C. Post-Decree Grounds (Section 13(1A))

No resumption of cohabitation after judicial separation for 1 year or more.
No resumption of conjugal rights after decree for restitution of conjugal rights for 1 year or more.

Case Laws

Samar Ghosh v. Jaya Ghosh (2007): The court listed examples of mental cruelty, like persistent refusal to have marital relations or false accusations, making it easier to prove cruelty in court.
Naveen Kohli v. Neelu Kohli (2006): The Supreme Court granted divorce on grounds of cruelty, noting that mental cruelty, like constant taunts and public humiliation, was enough to justify divorce. This case expanded the definition of cruelty beyond physical harm.
Bipin Chandra v. Prabhawati (1957): This case clarified desertion, stating that it requires both physical separation and the intention to abandon the marriage. The court emphasized that desertion must be without reasonable cause.
Dastane v. Dastane (1975): The Supreme Court interpreted cruelty as conduct that endangers the petitioner’s physical or mental health. This case set a precedent for considering the overall impact of behavior.
Sharda v. Dharmpal (2003): Allowed mental health tests in divorce cases under court order.
Gurbux Singh v. Harminder Kaur (2010): Desertion includes willful neglect, not just physical absence.
Darshan Gupta v. Radhika Gupta (2013): Severe mental illness (schizophrenia) justified divorce under mental disorder clause.
Vinita Saxena v. Pankaj Pandit (2006): The court granted divorce on the ground of mental disorder, as the husband’s schizophrenia made it impossible for the wife to live with him safely.

Multiple Choice Questions (for All India Bar Exam Preparation)

Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, divorce can be granted on the ground of:
a) Adultery
b) Cruelty
c) Desertion
d) Mutual consent
Answer: b) Cruelty
What is the minimum period of desertion required for divorce under Section 13(1)(ib)?
a) One year
b) Two years
c) Three years
d) Seven years
Answer: b) Two years
Which ground is available only to a wife under Section 13(2)?
a) Cruelty
b) Husband’s rape or sodomy
c) Conversion to another religion
d) Mental disorder
Answer: b) Husband’s rape or sodomy
Under Section 13B, what is the minimum period of separation required for divorce by mutual consent?
a) Six months
b) One year
c) Two years
d) Three years
Answer: b) One year
In which case did the Supreme Court define mental cruelty under Section 13(1)(ia)?
a) Bipin Chander v. Prabhawati
b) Samar Ghosh v. Jaya Ghosh
c) Dastane v. Dastane
d) Vinita Saxena v. Pankaj Pandit
Answer: b) Samar Ghosh v. Jaya Ghosh
A Hindu wife can file for divorce if her husband has married another woman before 1955 and she is:
a) Divorced
b) Alive at the time of petition
c) Dead
d) Missing
Answer: b) Alive at the time of petition
Which of the following is not a ground for divorce under Section 13?
a) Adultery
b) Cruelty
c) Joint family dispute
d) Mental disorder
Answer: c) Joint family dispute
Under Section 13(1A), a decree for divorce can be passed if there is no resumption of cohabitation after judicial separation for:
a) 6 months
b) 1 year
c) 2 year
d) 5 year
Answer: b) 1 year
Which disease is mentioned as a ground for divorce under Section 13?
a) Cancer
b) Tuberculosis
c) Venereal disease in communicable form
d) Cold and cough
Answer: c) Venereal disease in communicable form
Under Section 13(1A), divorce can be granted if there is no resumption of cohabitation after:
a) A decree of restitution of conjugal rights for one year
b) A decree of divorce for two years
c) A mutual agreement
d) A criminal conviction
Answer: a) A decree of restitution of conjugal rights for one year
What does “mental disorder” under Section 13(1)(iii) include?
a) Temporary stress
b) Schizophrenia
c) Minor mood swings
d) Physical disability
Answer: b) Schizophrenia

Questions to Think About

Why do you think the law allows only the wife to file divorce for certain special grounds?
Is 7 years too long a period to presume someone is dead for divorce?
Do you think proving adultery should be easier or more difficult under Indian law?
In what situations might it be hard to prove desertion?
Should the two-year desertion period be shortened in cases of extreme hardship? Why or why not?
How do you think the concept of “mental cruelty” affects modern marriages where emotional abuse is more common than physical abuse?
Why do you think the law includes a cooling-off period for mutual consent divorce under Section 13B? Does it help or create problems?
Should grounds like “conversion to another religion” still be relevant in today’s diverse society? Why or why not?
How can courts ensure that grounds like desertion or mental disorder are not misused to force a divorce?
What challenges might a wife face when using Section 13(2) grounds, like proving the husband’s other marriage or criminal acts?