- Divorce:- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
14. Substituted by Act 68 of 1976, S.6, for “or fraud” (w.e.f.27-5-1976).
15. Substituted by Act 68 of 1976, S.6, for “the grounds for a decree” (w.e.f.27-5-1976).
[(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(i-a) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(i-b) has deserted the petitioner for a continuo’s period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mine, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation:- In this clause,-
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic, disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or]
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) 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 it, had that party been alive;
[Explanation.- In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.]
[1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
16. Substituted by Act 68 of 1976, S.7, for Cl. (i) (w.e.f.27-5-1976)
17. Substituted by Act 68 of 1976, S.7, for Cl. (iii) (w.e.f.27-5-1976)
18. The words “for a period of not less than three years immediately preceding the presentation of the petition” omitted by Act 68 of 1976, S.7 (w.e.f.27-5-1976).
19. The word “or” omitted by Act 44 of 1964, S.2.
20. Inserted by Act 68 of 1976, S.7 (w.e.f.27-5-1976).
21. Cls. (viii) and (ix) omitted by Act 44 of 1964, S.2.
22. Inserted by Act 44 of 1964, S.2.
23. Substituted by Act 68 of 1976, S.7, for “two years” (w.e.f.27-5-1976).
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
(2) 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:
Provide that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or [bestiality; or]
[(iii) that in a suit under section 18 of the Hindu Adoption and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of the Criminal Procedure, 1898 (5 of 1898)), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.]
Object and Reasons:- Section 13 specifies the grounds on which a decree for divorce may be obtained by either party to the marriage. In particular, a decree of divorce may be obtained if there is no reconciliation between the parties within a specified period after the passing of a decree for judicial separation or if a decree for restitution of conjugal rights is not complied with within a special period.
Section 13(1)(ii), read with section 23(1)(a).- A change in religion is not inconsistent with the continuance of conjugal love and it should, therefore, not be permissible for a party to the marriage to get a divorce by changing his or her religion. The right to get a divorce under this law is, therefore, given to the party who continues to be a Hindu….. a somewhat similar right is given to a person changing his religion to Christianity under the converts’ Marriage Dissolution Act, 1866.
State Amendment-[Uttar Pradesh].- In its application to Hindus domiciled in Uttar Pradesh and also when either party to the marriage was not at the time of marriage a Hindu domiciled in Uttar Pradesh, in S.13-
(i) in sub-S. (1), after Cl. (i), insert (and shall be deemed always to have been inserted) the following, namely:-
“(1-a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party, or”, and
24. Substituted by Act 68 of 1976, S.7, for “two years” (w.e.f.27-5-1976).
25. Substituted by Act 68 of 1976, S.7, for “bestiality” (w.e.f.27-5-1976).
26. Inserted by Act 68 of 1976, S.7 (w.e.f.27-5-1976).
(ii) for Cl. (viii) (since repealed,) substitute (and shall be deemed always to have been so substituted) the following, namely:-
“(viii) has not resumed cohabitation after the passing of a decree for judicial separation against that party and-
(a) a period of two years has elapsed since the passing of such decree, or
(b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of other party; or”- Uttar Pradesh Act 13 of 1962, S.2 (w.e.f.7-11-1962).
