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Thread: Grounds for Divorce under Hindu Marriage Act

  1. #1
    Senior Member
    Join Date
    Aug 2012

    Grounds for Divorce under Hindu Marriage Act

    Hi all,

    One of my friends was really fed up with her marriage life. It has been only two years since she got married. The thing is, his husband is such a money-minded person, and he said clearly not to have babied for five years. Above all, he is not at all considering her as a human-being and not interested in marital life. He never responds to her desires, words, feelings, and so on. Now all the elders in my friend’s families are forcing her to apply for divorce.

    I would like to know, the grounds for Divorce under Hindu Marriage Act???

    Please share your valuable replies soon!!!

  2. #2
    Join Date
    Aug 2012
    Yes Hema,

    We can see many of the persons like that, who give value for money and not for the relationships. Your friend can file a petition for divorce may be presented by either the husband or wife for breaking up the marriage on the following grounds:

    Adultery - Having voluntary sexual intercourse with any other person outside marriage
    Cruelty – suffering from mental and physical tortures
    Desertion - voluntarily abandons his/her partner for at least a period of two years
    Conversion – conversion in to another religion,
    Mental Disorder – suffering from incurably unsound mind or has been continuously or intermittently from a mental disorder and insanity and therefore cannot be expected from the couple to stay together. Leprosy – Has been suffering from a virulent and incurable form of leprosy,
    Venereal Disease – Has been suffering from venereal disease in a communicable form
    Renunciation – Has renounced the world by entering any religious order
    Not Heard Alive – Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive

    Your friend can seek divorce on the above-mentioned grounds for divorce in India.

  3. #3
    Junior Member
    Join Date
    Jul 2012
    Hi, Hema,

    its fine according to Nimita Sen,

    Can you Nimita tell me how can you prove the following and can you win on merits.

    The very simple way to Mutual Consent Divorce U/s 13 (b) of HMA. go for same


  4. #4
    Senior Member
    Join Date
    Aug 2012
    Hi Namita and Sona,

    Thanks to both of you!!!

    Thanks Sona for sharing the appropriate section. I will ask my friend to convince her husband to get divorce under Mutual Consent.

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