Grounds of Divorce Under Section 13
Divorce is a legal dissolution of marriage bypassing of decree by the court. It is a decree which is granted by the court to dissolve a marriage which was solemnized under provisions of section 5 of the Hindu marriage act, 1955. Divorce is given under section 13 of the act. According to section 13, a party seeking divorce has to file a petition for divorce in the court following the grounds of divorce.
Cheating: - If any of the partner or spouse after solemnization of marriage cheats with its partner after the marriage then a divorce petition can be filed on the grounds of cheat. Section 13(1) (i) states that a spouse on finding out sexual affair of the partner out of their marriage can seek divorce under this section through a decree of divorce.
Cruelty: - If a husband or wife treats his/her wife with cruelty by physical abuse or verbal abuse then the suffering partner can use cruelty as a ground for divorce under section 13(1) (a) of the Hindu marriage act 1954. Now cruelty under this section contains physical assault, sexual cruelty, verbal abuse, etc. a partner suffering from any of these can file for divorce under section 13 of the Hindu marriage act, 1954.
Desertion: - Desertion can also be used as a ground of divorce under section 13 of the Hindu marriage act, 1954. If any of the spouse has deserted his/her spouse without reasonable cause or ground for not less then two years then the other spouse can file for divorce under section 13(1) (ib) using desertion as a ground for divorce.
Conversion: - If any of the spouse after marriage has ceased to be a Hindu after conversion into other religion then the other spouse can seek divorce under the Hindu marriage act, 1954. Section 13(ii) of the Hindu marriage act states that if any of the partners after conversion cease to be a Hindu by religion then it is a ground for divorce.
Unsoundness of Mind: - If any of the spouses becomes unsound by the mind, which is incurable then the other spouse can seek to have decree of divorce under section 13(iii) of the Hindu marriage act, 1954. A person of unsound mind is unfit to perform a marital obligation, which is why this clause enables the married partners to get divorce on the ground of unsoundness of mind. Unsoundness of mind can be a mental or any kind of psychopathic disorder. Unsoundness of mind can be harmful to the other spouse as it can lead to physical outburst.
Venereal Disease: - If any of the spouses is suffering from any form of venereal disease which can be transferred by way of physical contact then it can be taken as a ground of divorce under section 13(1)(v). Venereal disease disables marital obligation between the partners while leaving a risk of transfer of diseases by way of physical contact or intimacy. Thus a partner is not bound to keep on continuing to perform marital obligations with their spouse if he is suffering from venereal disease.
Leprosy: - If a partner is suffering from a disease called leprosy which is a harmful skin disease known as a disease which decays the body of the human. Then the condition of leprosy to the spouse can be taken as a ground for divorce under section 13(iv) of the Hindu marriage act, 1954.
Renouncement of the World: - If any of the partners have renounced the world and has left their family to continue life by becoming a sage, a monk or someone who does not stays at home to take upon the responsibility of the family then the said situation can be taken as a ground for divorce under section 13(vi) of the Hindu marriage act.
Partner has not been heard: - if any spouse who went missing was married and has not been heard as dead or alive for 7 years than the other spouse can file divorce decree on the ground of missing. It is required here that there is no communication with the spouse or the family of the missing spouse about the existence of the missing spouse for 7 years.
Judicial separation: - If there has not been any cohabitation between the spouses for one year after the decree of judicial separation has been granted by the court then parties can get a final decree of divorce from the court as a ground of judicial separation.
Age of maturity: - if the age of the girl was below the age required for marriage that is 18 years then it can be taken as a ground for divorce under the Hindu marriage act section 13.
Guilty of Rape: - if any of the partners is charged with any of the criminal offense like sodomy or rape since the solemnization of marriage then the other partner can take it up as a ground for divorce.
Remarriage: - If any of the spouse after solemnization of marriage remarries with any other person with or without the knowledge of first husband/wife then it can be taken as a ground for divorce under the Hindu marriage act section 13.
divorce is a decree passed by the court to end a marriage which is a sacrament under Hindu marriage act. A decree of divorce can be filed under section 13 of the Hindu marriage act on various grounds. If a marriage falls undergrounds mentioned under section 13 then any spouse can seek judicial decree to end the marriage. For more detailed information, visit here
2087
prguitarman
amandla
pixelskylines
kianamaiart
germansingergirl