Section 13(1) in HMA 1955

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 inter-course 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.

Explanations:
(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.

Explained:

Section 13(1) of the Hindu Marriage Act, 1955 provides the legal grounds on which either a husband or a wife may seek divorce through a court of law. The provision aims to protect the rights of spouses when a marriage has been affected by serious matrimonial circumstances.

Grounds for Divorce Under Section 13(1)

The provision recognises several grounds for dissolution of marriage, including:

• Adultery: Voluntary intercourse with a person other than one’s spouse after marriage.
• Cruelty: Physical or mental conduct that legally amounts to cruelty.
• Desertion: Abandonment of the spouse for a continuous period of at least two years immediately before filing the divorce petition, without reasonable cause and without consent.
• Conversion: Ceasing to be a Hindu by converting to another religion.
• Mental disorder: A qualifying mental condition of such a nature and extent that the petitioner cannot reasonably be expected to live with the respondent.
• Other statutory grounds: Certain communicable venereal diseases, renunciation of the world by entering a religious order, and a spouse not having been heard of as alive for seven years or more, subject to the statutory requirements.

A divorce petition must be supported by relevant facts and evidence. Merely alleging cruelty, adultery or desertion does not automatically entitle a spouse to a divorce decree. The court examines the circumstances and applies the legal requirements of the relevant ground.

Important Judgments

1. Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511

The Supreme Court discussed the concept of mental cruelty and provided illustrative guidelines for determining whether conduct amounts to cruelty in matrimonial proceedings.

2. Debananda Tamuli v. Kakumoni Kataky (2022)

The Supreme Court considered cruelty and desertion under Section 13(1)(ia) and (ib), emphasising the significance of intention to desert and the statutory requirement of continuous desertion for at least two years.

3. Bhallabha Das Shah v. Sushila Bai (1988)

The Supreme Court considered claims of adultery, cruelty and desertion, highlighting the importance of proving the grounds relied upon for divorce.

Conclusion

Section 13(1) is a key provision governing contested divorce under Hindu law. Understanding its grounds, evidentiary requirements and judicial interpretation helps spouses make informed decisions about matrimonial litigation. Legal advice should be obtained according to the facts and circumstances of each case.