Divorce Petition

DIVORC
E
PRESENTATION BY
ELSA SHAIKH
INTRODUCTIO
N
The Hindu Marriage Act came into force in the year 1955, it helps
to form uniformity of laws among the Hindus. Whenever needed,
the law helps people to file for a Divorce Under Hindu Marriage
Act, as per the sections permitted by the law.
Marriages are one of the most complex and highly emotionally
and financially invested relationships in the world. The purpose of
this act is to safeguard the rights of the Marriage as per the Hindu
marriage act for both, the bride, and the groom.
BRIEF HISTORY
Divorce, as a legal option for separation, was identified and
practiced in British India in the year 1869 which was majorly for
the Christians seeking divorce lawfully. In India, there was no
legal framework that could formalize a divorce or allow for it.
Later in the year 1955, the Hindu Marriage Act was formed, to
enable people to file for a Divorce Under Hindu Marriage Act.
Section 13 of Hindu Marriage
1)A petition can be presented by the either husband or the wife,
Act,1955
be dissolved by a decree of divorce on the grounds mentioned
below-
(i)Voluntary sexual intercourse with any other person

(ii)Cruelty
(iii)Deserted (2 years)
(iv)Ceased to be a hindu i.e. conversion
(v)Incurably unsound mind, mental disorder
(vi)Renounciation
(vii)Civil death
1.Adultery
Act,1955
The husband/wife has had voluntary sexual intercourse with another
man or another
In Sachindranath Chatterjee vs Sm. Nilima Chatterjee

In this case, the petitioner and the defendant were married. After
marriage, the husband leaves the wife in his home town so that she
can complete her studies and go to another city for work. He visited
twice or thrice a month to meet her. Later he found that his wife
commits the adultery i.e. to involve in sexual intercourse with his
own nephew, watchman etc. The plaintiff approaches the court to
demand divorce on the ground of adultery and his petition was
accepted and the marriage gets dissolved.
2. Cruelty
Act,1955
The husband/wife, has suffered from physically or mentally abuse.
In Balram Prajapati vs Susheela Bai

In this case, the petitioner filed the divorce petition against his wife
on the ground of mental cruelty. He proved that his wife that
behaviour with him and his parents was Aggressive and
uncontrollable and many times she filed the false complaint against
her husband. The court accepts the petition and grants the divorce
on the ground of cruelty.
Act,1955
3. Desertion
The husband/wife, has been deserted for a continuous period of not
less than two years
In J. Shyamala v. P. Sundar Kumar (1990)

The Madras High Court held that if a wife starts living with her
parents rather than her husband because he made false allegations
against her regarding her character and unchastity, it would not
amount to desertion. It must be noted that the desertion of a
spouse must be without reasonable cause. The burden of proof, in
this case, lies on the petitioner, and it must be proved that the said
desertion occurred without any sufficient and probable cause and
did last for two years.
Act,1955
4. Conversion
The husband/wife, has ceased to be a Hindu and has adopted
another religion.
In Ramesh Chander v. Savitri (2005)

The Supreme Court held that the conversion of one party to another
religion does not dissolve the marriage by itself. It is only a ground
for divorce, and the other party has to prove that the conversion has
caused mental cruelty to them.
Act,1955
5. Unsound Mind
The husband/wife has been diagnosed since the marriage ceremony
as being unsound of mind to such an extent that normal married life
is not possible.
In the case of Smt. Alka v. Abhinesh Chandra Sharma (1991), the

Madhya Pradesh High Court found that the wife was suffering from
schizophrenia because she was cold and frigid on the first night of
marriage and could not cooperate with the husband. Also, she was
not able to handle domestic appliances, so the husband was entitled
to nullity of marriage in this case. It was also observed that the facts
pertaining to the mental illness of the wife and her medical
treatment were not disclosed to either the husband or his mother
and grandmother, who negotiated the marriage on his behalf.
Act,1955
Veneral Disease
The husband/wife, has been diagnosed with an incurable form of leprosy
or has the venereal disease in a communicable form.
In Mr. X v Hospital Z(1999)
Divorce was granted to wife when husband was discovered to be HIV
positive.
6. Renunciation
When one of the spouses decides to enter a holy order and renounces
the world, the other spouse has the right to submit a divorce petition.
In Shital Das v. Sitaram (1954),
The Supreme Court held that, the renunciation announced by the spouse
infers to a religious order, which works or implies civil death, and this is
the reason why the other party has been provided with the right to seek
decree of divorce or judicial separation.
Act,1955
7. Civil Death
The husband/wife, has not been seen alive for seven years or more.
In Nirmoo v. Nikka Ram (1968)

The Delhi High Court held that, if the spouse presumes the death of
the other spouse, and without getting a divorce in such a case,
remarries to the other person, then, the person that has returned
after the span of seven years or more can contest the validity of the
second marriage.
Section 13 (1A)
“either party”
i. spouse can file for divorce if there has been no resumption of

cohabitation between the pair after 1 year has passed from the
day the judicial separation decision was issued.
ii.If there has been no restoration of conjugal rights for 1 year

following the issuance of a decree under Section 9 of the Act,
either spouse may file for divorce.
Section 13 (2)
1 2 3 4
When the husband If the husband is A decree or order of If wife was married
already had a wife at found guilty of rape, maintenance has before the age of
the time of his sodomy, or bestiality been passed puberty (15 years),
marriage she can apply for
divorce or judicial
separation after
attaining majority.
Divorce by Mutual
Consent
•The parties to a marriage may file a petition for dissolution of marriage by
Section 13 B
a decree of mutual consent under Section 13B
•They have been living separately for one year or more, have been unable
to live together, and have mutually agreed that the marriage should be
dissolved.
•On the motion of both parties, made not earlier than 6 months after the
date of presentation of the petition but not later than 18 months after the
said date, the court shall pass a decree of divorce, declaring the marriage
to be dissolved.
•A total waiting period of 1 ½ years from the date of separation to move

the motion for a decree of divorce.
Conclusion
Divorce is a serious issue and must be used only
as a last resort, however, these days people do
not think twice before getting divorced. It splits
families and the child of the separating couple
has to go through serious trauma growing up
with separated parents.

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DIVORC

(i)Voluntary sexual intercourse with any other person

In Sachindranath Chatterjee vs Sm. Nilima Chatterjee

In Balram Prajapati vs Susheela Bai

In J. Shyamala v. P. Sundar Kumar (1990)

In Ramesh Chander v. Savitri (2005)

In the case of Smt. Alka v. Abhinesh Chandra Sharma (1991), the

In Nirmoo v. Nikka Ram (1968)

i. spouse can file for divorce if there has been no resumption of

ii.If there has been no restoration of conjugal rights for 1 year

•A total waiting period of 1 ½ years from the date of separation to move

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