The Hindu Marriage Act of 1955 (HMA) specifies the reasons, or “grounds,” on which a person may seek for divorce. I’ll explain these grounds in simple terms and present an outline of India’s current divorce rate based on accessible data.

Grounds for Divorce under the Hindu Marriage Act, 1955 in India

The HMA allows divorce under certain conditions, which can be classified as grounds available to both spouses and those particular to wives. This is a basic explanation:

Grounds Available to Both Husband and Wife

1. Adultery: If one spouse engages in a sexual relationship with someone else outside of the marriage.

2. Cruelty: If one partner mistreats the other, either physically (such as hitting) or emotionally (like persistent insults or harassment).

3. Desertion: If one partner abandons the other for a minimum of two years without a valid reason or consent.

4. Conversion: If one partner alters their religion (for instance, from Hinduism to Christianity or Islam).

5. Mental Illness: If one partner suffers from a significant mental illness that renders cohabitation unfeasible.

6. Leprosy: If one partner has a serious, untreatable type of leprosy.

7. Venereal Disease: If one partner is afflicted with a communicable sexual illness.

8. Renunciation: If one partner departs from society to enter a religious community (such as becoming a monk).

9. Presumed Dead: If one partner has been absent for seven years or longer and is assumed to be deceased.
10. No Cohabitation After Court Order: If the couple does not reside together for a year following a court’s directive for them to start living together again.

Detailed Grounds for Divorce under Section 13(1) with Landmark Judgements of India 

Section 13(1) outlines the grounds available to both partners, each having judicial interpretations through case law:

1. Adultery (Section 13(1)(i)): Characterized as consensual sexual intercourse with another individual after marriage. The amendment of 1976 permits a solitary incident to be adequate, as demonstrated in Swapna Ghose v. Sadanand Ghose, in which the court issued a divorce based on evidence of extramarital affairs. Additional cases include Sachindranath Chatterjee vs Sm. Nilima Chatterjee and Chetan Dass v. Kamla Devi (2001), reinforcing the necessity for substantial evidence.

2. Cruelty (Section 13(1)(ia)): Encompasses both physical and mental cruelty, interpreted individually based on circumstances. Balram Prajapati vs Susheela Bai underscored mental cruelty, highlighting false allegations and demands for dowry, while N. G. Dastane v. S. Dastane (1975) emphasized the distress generated by ongoing mistreatment, establishing a precedent for evaluations of mental cruelty.

3. Desertion (Section 13(1)(ib)): Requires the responder to leave the petitioner for a minimum of two years without consent, with the intention to dissolve the marriage. Malathi Ravi v. B. V. Ravi (2014) clarified that desertion entails both physical separation and intent, supported by cases such as Ranjeet Kaur v. Surendra Singh Gill (2012) and Om Wati v. Kishan Chand (1983). 

4. Conversion (Section 13(1)(ii)): Applies when the respondent converts to a different religion, like Christianity or Islam. Suresh Babu vs Leela is a critical case, granting divorce where the conversion caused marital strife, reflecting legal acknowledgment of changes in religious identity.

5. Unsound Mind (Section 13(1)(iii)): Pertains to incurable mental illnesses making cohabitation impractical. Vinita Saxena vs Pankaj Pandit discussed severe disorders such as schizophrenia, with further cases like Smt. Alka v. Abhinesh Chandra Sharma (1991) and Suvarnalata v. Mohan Anandrao Deshmukh (2010) establishing judicial standards.

6. Leprosy (Section 13(1)(iv)): Necessitates a virulent, incurable type. Swarajya Lakshmi vs G. G. Padma Rao serves as a pivotal case, highlighting the communicable aspect and its implications for married life.

7. Venereal Disease (Section 13(1)(v)): Must be in a transmissible form. P. Ravi Kumar v. Malarvizhi @ S. Kokila (2013) and Mr. ‘X’ v. Hospital ‘Z’ (1998) illustrates the legal requirements for demonstrating communicability.

8. Renunciation of the World (Section 13(1)(vi)): Applies if the respondent joins a religious order, regarded as civil death. No specific case law was mentioned, but it is consistent with traditional Hindu ideas of sannyasa. 

9. Presumption of Death (Section 13(1)(vii)): If the respondent has not been heard from for seven years, they are presumed dead. LIC of India v. Anuradha (2004) and Prakash Chander v. Parmeshwari (1987) examine this ground, often associated with insurance and property issues.

Failure to Comply with Restitution of Conjugal Rights (Section 13(1A)(ii)): If there is no cohabitation for a year following the decree. A. V. Janardhana Rao v. M. Aruna Kumari (2000) exemplifies this, stressing the legal duty to restore marital life.

Additional Grounds for Wives

1. Husband’s Polygamy (Pre-1955): If the husband had another spouse prior to the enactment of the HMA in 1955, and that spouse is still living.

2. Husband’s Serious Crimes: If the husband perpetrates rape, sodomy, or bestiality.

3. Maintenance Without Living Together: If a wife is awarded maintenance (financial support) by a court, yet the couple has not cohabited for a year.

4. Child Marriage Repudiation: If a wife was wed before the age of 15 and annuls the marriage before reaching 18.

Divorce by Mutual Consent

If both partners consent to terminating the marriage, they can submit a petition for divorce after having lived apart for a minimum of one year. They need to demonstrate that they can no longer cohabit. Typically, there is a six-month waiting period following the filing, although judges can occasionally override this requirement.

Irretrievable Breakdown of Marriage

While not explicitly stated in the HMA, judges may permit divorce if the marriage has entirely disintegrated and there is no possibility of reconciliation. This is conducted using special authorities granted under the Indian Constitution but is not considered a conventional basis.

Current Divorce Rate in India

Exact divorce rates under the HMA are difficult to ascertain because official statistics are limited, and numerous cases are resolved informally or via mediation. Nevertheless, recent information offers some perspectives:

Low Divorce Rate: India possesses one of the lowest divorce rates in the world, estimated at about 1% of marriages, in contrast to elevated rates in Western nations. This is partly a result of cultural perceptions that regard marriage as sacred and promote reconciliation.

Urban vs. Rural Trends: Divorce is more prevalent in urban settings, where awareness of legal rights and shifting social norms (such as women’s independence) influence the situation. Approximately 1. 36 million individuals in India are divorced, with urban regions accounting for a larger share of cases.

Gender Dynamics: Around 69% of divorce petitions are initiated by women, often citing grounds such as domestic violence, cruelty, or dowry harassment. Women in metropolitan areas, pursuing greater independence, are increasingly seeking divorces.

Rising Trend: The divorce rate is gradually rising, particularly in urban areas, due to factors such as financial independence, exposure to Western culture, and a reduced tolerance for unhappy marriages. However, the overall rate continues to be low due to social stigma and efforts aimed at preserving marriages through family or court mediation.

Why the Divorce Rate Is Low

• Cultural Factors: Hindu marriages are frequently viewed as lifelong commitments, and families promote couples to work through problems instead of opting for divorce.

• Legal Process: The HMA necessitates evidence of fault (such as cruelty or adultery) or mutual consent, which can be lengthy and emotionally taxing. Courts also advocate for reconciliation.

• Social Stigma: Divorce remains disapproved in many communities, particularly in rural areas, leading individuals to be reluctant to seek it.

Conclusion

The Hindu Marriage Act, 1955, outlines specific grounds for divorce, including adultery, cruelty, desertion, and mutual agreement, with additional safeguards for wives. Although the divorce rate in India stands low at approximately 1%, it is slowly increasing, particularly in urban regions, due to evolving lifestyles and heightened awareness of legal entitlements. The majority of divorce petitions are filed by women, often related to abuse or incompatibility. Nevertheless, cultural and legal factors ensure that the rate remains significantly lower than in numerous other nations.