Grounds of dissolution or annulment of marriage under Hindu law

Grounds of obtaining divorce and nullifying the marriage under Hindu marriage laws:



Mutual consent:

        If the parties to marriage are living separately over a period of one year or more and they mutually agree to obtain divorce on the ground that they are not able to live together, then they may file a petition seeking divorce basing on that agreement.


Adultery:

      If either of the spouse is living in adultery i.e., extramarital affair, then the other party to marriage can seek divorce.It is provided under Section 13(1)(i) of Hindu Marriage Act, 


 No resumption of cohabitation:

        In case a decree is passed for judicial separation and there is no resumption of cohabitation by parties to marriage for a period of one year or more after such decree, then either the husband or the wife can file a petition seeking divorce. The relevant position is clear by Section 13(1A)(i).


No restitution of conjugal rights:
           In case a decree is passed for restitution of conjugal rights and there is no restitution for a period of one year or more after such decree, then either the husband or wife can file a petition seeking divorce. The provision is contained under Section 13(1A)(ii).


Failure to maintain :
         If the court has passed a decree or order against the husband awarding maintenance to wife under Section 125 CrPc 1973 or under Section 18 of HAM Act 1956, and there is no resumption of cohabitation for one year or more, then the wife can file a petition seeking divorce. This is provided under Section 13(2)(iii).



Desertion for 2 years:

            If one party to marriage has deserted the other for a period not less than two years continuously, then the other party may file a petition seeking divorce under Section 13(1)(ib).



Conversion to other religion:
           
             If any party to marriage gets converted to other religion and ceased to be a Hindu, the other party can seek divorce on that ground by virtue of section 13(1)(ii).



Husband guilty of rape, sodomy or bestiality:

           Wife may seek divorce if husband is guilty of rape, sodomy or bestiality since the solemnization of marriage, under Section 13(2)(ii).


Cruelty:
        
         If a party has treated the other with cruelty after solemnization of marriage, the other party can seek divorce under Section 13(1)(ia).




       Cruelty by wife: 
     
          Cruelty is not confined to ill treating the wife by husband, but there are also cases reported seeking divorce by husband on the grounds of cruelty by wife. Section 13(1)(ia) applies to either wife or husband. Cruelty may be either physical or mental.
A few such instances include: Insulting husband deliberately in front of relatives, gross neglect, continuous denial of sex without reasonable cause, suicidal threats, undergoing an abortion against husband's will without reasonable cause, allegations attributing illicit affairs to husband, false allegations of cruelty against husband etc.


 Leprosy:
         Under Section 13(1)(iv), incurable form of virulent leprosy is a ground of divorce.



 Husband marrying another woman:

           If the husband has already have a living wife or if he marries another woman after the solemnization of marriage, the wife may seek divorce on that ground. The relevant provision is contained under Section 13(2(i).



 In case of child marriage:

          If the wife is under the age of fifteen at the time of solemnization of marriage, she may repudiate her marriage after attaining fifteen years but before she attain eighteen years. She may file a petition seeking divorce under that ground. This position is clear by Section 13(2)(iv).


Renounced the world:

           If any party to marriage has renounced the world by entering any religious order, the other party may seek divorce under Section 13(1)(vi).




 Suffering from venereal disease:

             If a party to marriage has been suffering from a venereal disease of communicable form, the other party may seek divorce under Section 13(1)(v).




Spouse not heard of alive in 7 years:
           
          If any party to marriage has not been heard of to be alive for 7 years or more, the other party may seek divorce under Section 13(1)(vii).




Impotence:
          
          Any party to marriage may file a petition seeking the marriage to be annulled under Section12(1)(a), on the ground of non-consummation of marriage owing to impotence of the other party.




 Mental disorder:

           If a party is suffering continuously or intermittently from any mental disorder including schizophrenia to an extent of which the other party cannot be reasonably expected to live with him/her, then such other party can seek divorce by virtue of Section 13(1)(iii).




No valid consent:
           
            If any of the party to marriage is insane at the time of marriage and is not capable of giving valid consent, 
or though he/she is capable of giving valid consent but suffering from mental disorder to such an extent that he/she is not fit for marriage or for procreation of children or he/she is subject to recurrent attacks of insanity, 
             then the marriage may be annulled by virtue of Section 12(1)(b).
   


      
Consent obtained by force or fraud:

          If the consent of bride or groom or their guardians have been obtained by force or fraud, it is at the option of such consenting party to file a petition under Section 12(1)(c) for the annulment of marriage.
                        


Bride pregnant by other man:
            
            If the wife is found to be pregnant by other man at the time of marriage, the husband may seek the annulment of the marriage as soon as he discovered the fact.