Introduction

With the changing trends in the culture of the society and the character of the people, various problems also raised along with it. The adoptability of the people to the character of the other people are reducing, which led to the problems like breakdown of the joint family system, formation of nuclear family, increasing number of the divorce cases. This article will focus on the various legal provisions that governs the grounds of divorce in Hindu law and various contemporary issues that are in present relating to the divorce.

Grounds for Divorce

Section 13 of the Hindu Marriage Act, provides for 9 grounds for divorce

1. Adultery

If either party to the marriage had a voluntary intercourse with any other person than that of his /her, wife or husband, the aggrieved person can file a petition for divorce.

2. Cruelty

If any party to the marriage treats the other person in a cruel manner, the aggrieved person can file a petition for divorce.

3. Desertion

One party has abandoned the other party without reasonable ground and consent and if desertion has been for more than 2 years before the application,  divorce can be made.

4. Conversation to another religion

If any one of the spouses converts  to an other religion, the aggrieved party can file a petition for divorce.

5. Unsound mind

A petition for divorce can be filed by the aggrieved party, if the opposite party is incurably unsound mind.

6. Incurable and virulent leprosy
7. Venereal Disease

Divorce petition can be filed by the party, if the opposite party has been suffering from venereal disease of communicable form. If the respondent got the disease from the petitioner divorce is not granted.

8. Renunciation[1]

If any person renounces the world by entering into religious order, it can be a ground for divorce.

9. Presumption of death

If there is no knowledge about the party to the marriage for 7 or more years, he or she is presumed to be dead.

Special grounds for divorce to women

1. Where husband involved in bigamy
2. Where the husband is guilty of rape, sodomy or bestiality
3. Where decree of maintenance as been provided by the court
4. Where the women undergone marriage before attaining 15 years of age.

Contemporary Issues

With increasing number of divorces, the number of problems arising out of this is keep on increasing. Some of the problems are listed below

1. Delay in divorce proceedings

There are several reasons for delay in divorce proceedings like long legal proceedings, availability of the court dates, availability of the parties, cooperation of the parties, division of properties, etc because of these factors proceedings prolong for several years.

2. Settlement between the parties

The distribution of the property between the spouses is the one of the main drawbacks, parties mostly fight over it like alimony and properties.

3. Custody of Child

There are cases where both the spouses may claim the custody of the child or both the spouses may not claim the custody of the child. Spouses does not concern on the welfare of the child in the most of the cases. Then the child will be placed in the care homes established by the State Government or the Central Government.

4. Societal Norms

There has been a bad imagine that has been revolving around divorce in the society. It not only affects the parties concerned, but also their family, friends and their surroundings. The stigma that is prevailing around the second marriage of the divorced people are not changed till now.

5. Financial needs

There has been lot of costs that has been associated with the divorce proceedings like lawyer fees, transportation fees, documentation, etc. It affects the financial stability of the parties and their family.

6. Effect on the Childrens

It will be having big impact on the welfare of the children. They will be facing lot of problems like social isolation, aloneness, feeling of emptiness, future life of the child, etc. There is a need to take care of the child more during this time. Psychological and emotional support to child need to be provided.

7. Maintenance amount

The decision as to the determination of the maintenance amount is very vital. There are several factors which need to be taken into account for the purpose of determination of the amount of maintenance like salary of the spouse, living condition, family background, societal status, etc

CASE LAWS

1. Sarala Mudgal VS Union of India, AIR 1995

Jitender Prasad married Meena Mathur and later converted to Islam and married Sunita Narula alias Fathima. Court held it is bigamy and punishable under IPC Section 494.

2. Bipin Chandra VS Prabhavathi, AIR 1957

Couples had a kid and later husband went to England. During his absence wife had an illicit relationship and later when husband returned and questioned, got scared and left husband home and later husband sent her a notice not to come back. After 4 years he applied for divorce saying there was desertion. However, the same got declined as wife hasn’t gone with consent.

3. Dastane VS Dastane, AIR 1975

Wife threatening husband and his parents that she will put an end to her own life or set fire to the house. It was considered has cruelty as there was reasonable apprehension.

4. Chirutha Kutty VS Subramanyam, 1987

Husband gone through vasectomy. However, got a child. Divorce declined as there was absence of proof that the operation was successful and absence of sex between them.

Conclusion

Marriage is an important institution for proper functioning of the society. However, the problems that are arising in the recent times are concerning. The need for immediate action has been felt. There is a need for again reinforce the system of joint family system and friendly relationship should be maintained in the families for successful running of the marriage institution.

[1] Parshav Gandhi, “Grounds for Divorce: The Hindu Marriage Act,” Ipleaders Blog (July 13, 2023), [URL].

Dharanidhruw22, “The Grounds For Divorce In India,” Legal Services India (publication date unavailable), [URL].

Sahara Sultana, “Grounds for Divorce under The Hindu Marriage Act,” Legal Shiksha (Apr. 21, 2023), [URL].