Section 13 (HMA 1955) – Divorce (Grounds for Divorce)

HINDU MARRIAGE ACT, 1955

Section 13 – Divorce (Grounds for Divorce)

🔹 Short Note (Hindi)

Agar husband-wife ke beech aisi baatein ho jayein jisse shaadi ka rishta todna hi ek option bache, to Section 13 ke under divorce (talak) liya ja sakta hai.
Yeh section batata hai kin situations me court legally marriage ko end kar sakta hai.

🔹Detailed Explanation (English + Hindi)

Section 13 of the Hindu Marriage Act, 1955 defines the grounds on which either husband or wife can seek divorce.
It means when the relationship has broken down beyond repair, and any of the legal grounds exist, the court can dissolve the marriage by a decree of divorce.

This section protects the rights of both spouses and ensures that marriage cannot be ended casually — only with strong legal reasons approved by the court.

🔹Grounds for Divorce (for Both Husband & Wife)

1. Adultery – If a spouse has voluntary sexual intercourse with another person after marriage.
   (Example: One partner found in an extra-marital affair.)
2. Cruelty – If one partner physically or mentally tortures the other.
   (Example: Domestic violence, emotional abuse, humiliation, etc.)
3. Desertion – Continuous abandonment for at least 2 years without reasonable cause.
   (Example: Husband left wife and never returned.)
4. Conversion – If a spouse converts to another religion (e.g., Hindu to Muslim).
5. Unsoundness of Mind – If one spouse suffers from incurable mental disorder making married life impossible.
6. Leprosy – If one spouse has virulent and incurable leprosy (now removed by amendment).
7. Venereal Disease – If a spouse suffers from a communicable sexual disease (e.g., HIV, syphilis).
8. Renunciation of the World – If one spouse renounces worldly life (takes Sanyas).
9. Presumption of Death – If spouse not heard of for 7 years, they are presumed dead.

🔹Special Grounds Available Only for Wife (Section 13(2))

1. Husband has another wife living at the time of marriage.
2. Husband guilty of rape, sodomy, or bestiality.
3. Decree of maintenance granted but still no cohabitation for 1 year.
4. Marriage before age 15, and wife rejects it after turning 15 but before 18.

🔹Landmark Case

Naveen Kohli v. Neelu Kohli (2006)
Supreme Court observed that when marriage is irretrievably broken down, continuing it causes cruelty to both partners.
It recommended recognizing irretrievable breakdown of marriage as a valid ground for divorce (later accepted in practice).

🔹Example (Simple Understanding)

Priya and Amit have constant fights. Amit abuses Priya mentally and physically. Priya leaves him and lives separately for 2 years.
Now, Priya can file for divorce under Section 13 on grounds of cruelty and desertion.

🔹Nyay Neeti Advice

Divorce is a serious legal step, not an emotional reaction.
Court always tries reconciliation first, but agar relation irreparable ho gaya hai, to law aapko freedom aur dignity se jeene ka adhikar deta hai.
Always file divorce through proper legal channel and with evidence of the ground claimed.

🔹Summary Table