Grounds for Divorce under Hindu Marriage Act

The Hindu Marriage Act, 1955 is a legislation that governs Hindu marriages in India. It provides provisions for various aspects of marriage, including divorce. According to the Act, there are several grounds on which a Hindu marriage can be dissolved by either party through a court process. The grounds for divorce under the Hindu Marriage Act are as follows:

1. Adultery: If either spouse engages in voluntary sexual intercourse with any person other than their spouse, it is considered adultery. Adultery can be a valid ground for divorce if it is proved in court.
2. Cruelty: If one spouse treats the other with physical or mental cruelty, making it difficult for them to live together, the affected spouse can file for divorce. Cruelty includes both physical violence and mental harassment.
3. Desertion: If one spouse abandons the other without any reasonable cause and without the consent or against the wish of the abandoned spouse, it is considered desertion. The deserted spouse can seek a divorce based on this ground.
4. Conversion: If one spouse converts to another religion, it can be a ground for divorce if the other spouse does not wish to continue the marriage.
5. Mental Disorder: If a spouse suffers from a mental disorder or an incurable mental illness to the extent that it becomes impossible to live together, the other spouse can seek divorce on this ground.
6. Venereal Disease: If a spouse suffers from a venereal disease in a communicable form, which makes it difficult to live together, the other spouse can seek divorce.
7. Renunciation of the World: If one spouse renounces the world and becomes a sanyasi (ascetic) or takes up any religious order, the other spouse can file for divorce.
8. Not Heard Alive: If a spouse has not been heard alive for a period of seven years or more, it can be a ground for divorce. This typically applies when the spouse is missing or their whereabouts are unknown.
9. Presumption of Death: If a spouse is missing for a period of seven years or more and there is a presumption of their death, the other spouse can seek divorce.

It’s important to note that divorce can only be granted by a court of law based on these grounds, and the specific requirements and procedures may vary depending on the circumstances and jurisdiction.