Divorce under Hindu law is regulated by the Hindu Marriage Act of 1955 and is primarily divided into two categories: mutual consent and contested divorce. This legislation is applicable to Hindus, Buddhists, Jains, and Sikhs.

Divorce by mutual consent

According to Section 13B of the Hindu Marriage Act, both partners may jointly petition for divorce without attributing any blame to the other party.

Conditions: The couple must demonstrate that they have been living apart for a minimum of one year and have been unable to cohabit.

Waiting period: Following the submission of the petition, a mandatory six-month “cooling-off” period is enforced. In exceptional circumstances, the court may waive this requirement, but mutual consent must be preserved until the final decree is issued.

Contested divorce

This type of divorce arises when one partner initiates the process based on specific grounds acknowledged by the law, as outlined in Section 13 of the Hindu Marriage Act.

Grounds available to both spouses:

Adultery: Engaging in voluntary sexual relations with someone other than one’s spouse.

Cruelty: This encompasses both physical and psychological abuse. The courts evaluate the social standing, education, and behavior of the individuals involved on a case-by-case basis.

Desertion: Leaving the other spouse for a continuous duration of at least two years immediately prior to filing the petition.

Conversion: The other party has ceased to be a Hindu by converting to a different religion.

Unsound mind: The other party has been persistently of unsound mind or suffers from a mental disorder that renders it unreasonable to expect the couple to live together. 

Renunciation: The other party has forsaken worldly life by joining a religious order.

Presumption of death: The other party has not been confirmed alive for a duration of seven years or longer.

Judicial separation: A period of one year or more has elapsed since a court issued a decree for judicial separation, and cohabitation has not been reinstated.

Grounds available exclusively to wives:

Bigamy: If the husband remarries while the wife is still living and their marriage remains legally valid.

Rape, sodomy, or bestiality: If the husband has committed these offenses since the marriage took place.

Maintenance decree: If the wife possesses a maintenance order against her husband and cohabitation has not resumed for a year or more.

Repudiation of marriage: The wife’s marriage was solemnized before she reached the age of 15, and she repudiates it after turning 15 but before reaching 18.

Irretrievable breakdown of marriage: The Hindu Marriage Act does not explicitly recognize the “irretrievable breakdown of marriage” as a valid ground for divorce. Nevertheless, the Supreme Court possesses the authority under Article 142 of the Constitution to grant a divorce on this basis to ensure “complete justice,” particularly in situations where a marriage is irreparable.