Grounds for Divorce in a Hindu Marriage
A Hindu marriage is considered as a sacrament, one that is solemnized by the chanting of sacred mantras and the ceremony of the saptapadi, which means taking seven steps together around the sacrificial fire. The concept of divorce is not part of traditional Hindu perspective on marriage but nevertheless, divorce is attainable under Hindu law.
Time for Filing Divorce in Hindu Marriage
Unless there are exceptional circumstances, a divorce petition will not be entertained before the expiry of one year from the date of marriage.
Grounds for Divorce under Hindu Law
- S exual intercourse outside marriage
- Conversion or Renunciation
- Unsound mind, lunacy, incurable leprosy or contagious venereal disease
- Not heard of in 7 years
- Non-compliance with a decree of restitution of conjugal rights for one year or more
- No co-habitation for one year or more after a decree for judicial separation has been passed
- Desertion
- Cruelty
- Divorce by Mutual Consent
Divorce by Mutual Consent in a Hindu Marriage
This form of divorce is attainable under the Special Marriage Act and the Hindu Marriage Act, 1955. Both parties may present the petition for divorce and before the expiry of 18 months from the date of presentation of the divorce petition, they can move the court jointly for a decree. The court may pass a decree that declares the legal dissolution of the marriage.
dear sir,
id like to seek for an advice regarding my marriage.my husband,a hindu born,was married to a hindu also.their marriage was rocky since beginning.we met in 2009 and last year we got married in moslem rights and have a marriage cert.Id like to know if this automatically ended up his previous marriage and if i am considered his legally wedded wife .he said his previous marriage was not registered.
thank you so much
kaye
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Who says that The concept of divorce is not part of traditional Hindu perspective on marriage. In Ramayana When King Dashrat exiled Lord Ram for 14 years because of Kekai. Then He Divorced Kekai. in Hindi it is said " Patni ka parityag karna".
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