Introduction 

• In a literal sense, "divorce" refers to the legal dissolution of a marriage between two individuals. 
• Historically, within Hindu Dharma Shastra, marriage was seen as a sacred and indissoluble bond, with no provisions for divorce until the enactment of the Hindu Marriage Act in 1955 (HMA).  
• This Act, introduced grounds for divorce under Section 13, allows parties to petition a competent court for a divorce decree. 
• Dissolution of a marriage required one spouse to be found guilty of behavior that fundamentally undermined the marriage.

Grounds for Divorce

• Adultery: 
  • Adultery means voluntary sexual intercourse between a married individual and someone of the opposite sex who is not their spouse, whether the other person is married or unmarried. 
• Cruelty: 
  • Such acts are behavioral manifestations influenced by different factors in the lives of spouses and their environments, necessitating a case-by-case assessment based on specific details. 
  • Physical cruelty is generally more straightforward to recognize, while defining mental cruelty is more complex. 
• Desertion: 
  • The respondent must abruptly and without reasonable cause, stop living with the petitioner and abandon all marital rights, obligations, and duties, demonstrating a clear intention to leave the marriage will be considered as desertion. 
• Conversion: 
  • If any spouse converts his religion to another religion without the other spouse's consent, then the other spouse can approach the court and seek the divorce remedy. 
• Insanity: 
  • The term "insanity" originates from the word "insane," which refers to a state of mind that is not sound or rational. 
• Venereal Illness: 
  • Venereal disease, commonly referred to as a sexually transmitted disease (STD). 
  • If a spouse is suffering from a severe and incurable disease that is highly contagious, the other spouse may file for divorce. 
• Renunciation: 
  • If one spouse renounces all worldly affairs by embracing religion or another belief system. 
  • This individual reaches a state of self-actualization, as described by Maslow, and seeks to free themselves from all worldly bonds, including marriage. 
• Presumption of Death: 
  • An individual is assumed to be deceased if their family or friends receive no information about them being alive or dead for seven years or more. 

Special Grounds of Divorce for Wife 

• If the husband has more than one wife, then she can exhibit an appeal for divorce under clause. (I) of sub-sec. (2) of s. 13 of the HMA. 
• If the husband committed any Rape, Sodomy or Bestiality, then wife can dissolve the marriage under section 13(2)(ii) of the HMA.  
• If the marriage took place before the wife turned fifteen, thus she can renounce the marriage before she turned eighteen.

Legal Provisions in Relation to the Procedure of Divorce Under Hindu Law 

Divorce:  

• The concept of divorce has been introduced by HMA. Prior to the act, Hindu Marriage was considered an indissoluble union. 
• Sections 13, 13(1-A) and 13 (2) of HMA provide for the dissolution of marriage. 

Divorce by Mutual Consent: 

• Section 13-B states that: 
  • Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 
  • On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Court to which Petition shall be Presented: 

• Section 19 states that: 
  • Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction: — 
  • The marriage was solemnized, or 
  • The respondent, at the time of the presentation of the petition, resides, or 
  • The parties to the marriage last resided together, or 
  • In case the wife is the petitioner, where she is residing on the date of presentation of the petition; or 
  • The petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or 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 him if he were alive.

Contents and Verification of the Divorce Petition:

• Section 20 states that: 
  • The divorce petition should be examined distinctly considering the facts and circumstances of the case based on which the claim is to be decided. 
  • The contents of the petition should be verified and can be presented as evidence before the court.

Power to Transfer Petition in certain cases 

• Section 21 A states that: 
• Where: 
  • The petition is presented before the district court praying either under Section 10 or Section 13 of HMA. 
  • Another petition is presented in another district court or same district court under the same sections as discussed above shall be disposed as: 
    • When both the petitions are presented before the same district court both will be tied together and to be heard together by the district court 
    • When the petitions are presented before different district courts then the petition filed later shall be transferred to the district court where the earlier petition was filed and will be heard together. 
      • The Court or Government may transfer the suit from the district court to the district court where the earlier petition was filed.

Special Provisions Relating to the Trial and Disposition of the Petition:

• Section 21 B states that: 
  • The trial shall be continued day to day until its conclusion unless the court finds adjournment necessary and reasons to be recorded for such adjournment. 
  • The trial should be completed as expeditiously as possible, and it should be concluded within 6 months from the date of service of petition on the respondent. 
  • An appeal should be concluded within 3 months from the date of service of notice of appeal on the respondent. 

Documentary Evidence:  

• Section 21 C states that 
  • If the evidence is not duly registered or stamped cannot be a ground for its inadmissibility. 

Proceedings to be in Camera and May Not be Printed or Published:  

• Section 22 states that: 
  • Every proceeding shall commence in front of the camera and shall not be published anywhere except the judgement of High Court or the Supreme Court that too with the previous permission. 
  • Anyone who contravenes these provisions shall be punishable with fine which may extend to one thousand rupees. 

Decree in Proceeding:  

• Section 23 states that: 
  • The conditions for granting relief are listed in this section as: 
    • Where the petitioner is not taking advantage of his own wrong. 
    • If the conjugal offence has been willingly allowed by the petitioner, then no relief can be granted by the court. 
    • The divorce obtained on the ground of mutual consent and the consent is free then the relief can be granted. 
    • When both the parties came for mutual divorce with the intention to trick the court to gain relief then no relief to be granted. 
    • Unreasonable and improper delay in filing for the institution of the proceedings then no relief to be granted. 
  • Under this section, the court has the duty to make every effort to reconcile the parties. 
    • For the purpose of reconciliation, the court may adjourn the proceeding for a reasonable period of 15 days and refer the matter to any person as named by the parties or on behalf of the person selected by the court if the parties fail to name them with directions to report to the court.   
  • The marriage in every case shall be dissolved by the decree of divorce and the copy shall be provided to both the parties free of cost.

Conclusion

Marriage is sacred ceremony in the Hindu religion. The introduction of Hindu marriage Act 1955 brought in the concept of divorce which helped the sufferers in the marriage to get the remedy. A statement made by Justice H.R.Khanna in 1978 “After the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce” has been utilized by the Supreme Court while declaring that divorce should be seen as solution and an escape route out of a difficult situation.