Divorce Section 13

These grounds are adultery cruelty desertion conversion insanity leprosy venereal disease renunciation and presumption of death.

Divorce section 13. The hindu marriage act 1955 originally contained two fault grounds in section 13 2 on which a hindu wife alone could sue for divorce. As per section 13 1 ia of the hindu marriage act 1955 voidable marriages any marriage solemnised 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 has after the solemnisation of the marriage treated. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 13 1 can approach the court of law and seek the remedy of divorce.

It is prayed accordingly. 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. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage.

Section 13 b of the hindu marriage act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. Mental disorder for relief under section 13 1 iii should be of such a degree that it is impossible to lead normal marital life or it is unreasonable to expect a person to put up with a spouse with such condition. Vijayalaxmi air 2003 karn 357.

Under the hindu marriage act 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section 13. Section 13 is the foundation section that clearly states the grounds of divorce. It is therefore prayed that a decree for divorce under section 13 of the hindu marriage act 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition.

In 1964 by an amendment certain clauses of section 13 1 were amended in the form of section 13 1a thus recognizing two grounds of the breakdown of the marriage. Grounds of divorce as per the hindu marriage act adultery. Section 28 of the special marriage act 1954 and section 10a of the divorce act 1869 also provides for divorce by mutual consent.