What are the grounds for divorce under Hindu law?

What the Law Says

The Hindu Marriage Act, 1955 governs divorce for Hindus in India and lists specific statutory grounds under Section 13.

Section 13(1) of the Hindu Marriage Act, 1955 provides nine fault-based grounds on which either spouse may file for divorce. These include adultery, cruelty, desertion for a continuous period of not less than two years, conversion to another religion, unsound mind (incurable or continuous for two years), leprosy (in its virulent and incurable form), venereal disease (in a communicable form), renunciation of the world by entering a religious order, and presumption of death (if the spouse has not been heard of as being alive for seven years).

Section 13(1A) adds two no-fault grounds: (a) if there has been no restitution of conjugal rights for one year after a decree for restitution has been passed; and (b) if the couple has lived separately for at least one year before filing a petition, and they have not resumed cohabitation for one year after the decree for judicial separation.

Section 13B allows divorce by mutual consent if the spouses have been living separately for at least one year, cannot live together, and mutually agree that the marriage should be dissolved.

Statutory Text

Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— (i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; (ii) has, after the solemnisation of the marriage, treated the petitioner with cruelty; (iii) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition...

— Hindu Marriage Act, 1955, s. 13(1) — Divorce on certain grounds

Statutory Text

13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more...

— Hindu Marriage Act, 1955, s. 13B — Divorce by mutual consent

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