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.