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Under Section 13 of the Hindu Marriage Act, 1955 — Complete list of 11 statutory grounds with explanations, evidentiary requirements, and landmark case laws.
Contested divorce occurs when one spouse files for divorce without the consent of the other spouse. The petitioner must prove at least one legally recognized ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Unlike mutual divorce, this process is adversarial, time-consuming, and requires substantial evidence.
Voluntary sexual intercourse with any person other than the spouse after the solemnization of marriage. Adultery is considered a serious matrimonial offense and a violation of marital fidelity.
Both physical and mental cruelty are recognized grounds. Mental cruelty includes persistent insult, humiliation, false accusations, denial of conjugal rights without justification, causing mental pain and suffering.
Willful abandonment of one spouse by the other without reasonable cause and without consent, with the intention to permanently separate (animus deserendi). Continuous period of at least two years immediately preceding the petition is required.
If a spouse ceases to be Hindu by converting to another religion (Islam, Christianity, etc.), the other spouse may seek divorce. Conversion alone does not automatically dissolve marriage; the other spouse must file a petition.
The spouse has been suffering from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. The disorder must be incurable or of a nature making cohabitation impossible.
If the spouse is suffering from leprosy that is both virulent (contagious/dangerous) and incurable, divorce may be granted. Modern medical advances have made leprosy treatable, so the bar is high.
The spouse is suffering from a venereal disease in a communicable form. The disease must be transmissible to the other spouse and should not have been contracted from the petitioner.
If a spouse renounces the world by entering any religious order (Sanyas or formal renunciation), the other spouse can seek divorce. The renunciation must be complete and proven.
If the spouse has not been heard of as being alive for a period of seven years or more by those who would naturally have heard of them, the spouse is presumed dead. The petitioner can file for divorce based on this presumption.
If a decree of judicial separation has been passed and there has been no resumption of cohabitation for one year or more after the decree, either spouse may file for divorce.
When a decree for restitution of conjugal rights has been passed and there has been no resumption of cohabitation for one year or more after the decree, either party may file for divorce.
Under Section 13(2) of the Hindu Marriage Act, a wife can file for divorce on the following special grounds: