Section 13(2) in HMA 1955:

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, subject to the proviso that the other wife is alive when the petition is presented; or

(ii) that the husband has, since the solemnization of the marriage, been guilty of rap*, sodom* or bestialit*; or

(iii) that a decree or order awarding maintenance to the wife has been passed under the specified maintenance provisions, and cohabitation has not resumed for one year or upwards after that order; or

(iv) that her marriage, whether consummated or not, was solemnized before she attained fifteen years of age and she repudiated the marriage after attaining fifteen but before attaining eighteen years of age.

Explained:

Section 13(2) of the Hindu Marriage Act, 1955 provides special grounds on which a wife may seek divorce from her husband. Unlike the general grounds available to both spouses under Section 13(1), this provision recognises specific circumstances in which a wife can approach the competent court for dissolution of marriage.

Grounds for Divorce Under Section 13(2)

The provision contains four grounds:

1. Husband’s previous marriage: Where a marriage was solemnised before the commencement of the Act, the husband had married again, or another wife from a pre-Act marriage was alive when the petitioner married him. The other wife must also be alive when the divorce petition is presented.
2. Se*ual offences: The husband has, after the marriage, been guilty of rap*, sodom* or bestialit*.
3. Maintenance order: A court has awarded maintenance to the wife under the specified maintenance provisions, despite her living separately, and cohabitation has not resumed for at least one year after the order.
4. Repudiation of child marriage: The wife’s marriage was solemnised before she attained fifteen years of age, and she repudiated it after turning fifteen but before attaining eighteen years.

These grounds provide additional legal protection to wives facing the circumstances specified by Parliament.

Important Judgments

In Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court discussed the principles governing mental cruelty in matrimonial disputes under Section 13(1)(ia). Although not a direct interpretation of Section 13(2), the judgment is relevant to understanding the broader law of divorce.

In K. Srinivas Rao v. D.A. Deepa (2013), the Supreme Court examined mental cruelty arising from false complaints and allegations in matrimonial proceedings. This decision also concerns the general divorce framework rather than the specific grounds under Section 13(2).

Therefore, a wife seeking divorce should identify the applicable statutory ground and produce supporting evidence. The precise facts, applicable amendments and procedural requirements should be examined before filing a petition.