All You Need to Know About Divorce Ground in Hindu Law

When we read the latest judgments and court-related news, new divorce ground show in divorce cases. Every case which is related to divorce is giving a new way to understand the ground reality of divorce cases.

It is really interesting that in Hindu law several grounds are already mentioned in the act that can help in the court for the justice part.

In India, personal laws related to divorce are different from each other. But, their grounds are similar to others. India is a country where Hindu people are living more and Hindu law is more used in the court. In this article, we can discuss the grounds of divorce in Hindu law.

It is very important for every divorce case ground for divorce is the main cause of every marriage. If the ground is not suitable then how can divorce is finalized in court? Divorce grounds are not the same for the husband and wife. Some grounds are specially made for the husband and other grounds are for the wife.

In this article, we also focus on the different grounds of divorce and divorce theory as well. When grounds arise in the marriage then divorce condition is raised in the court. Let us discuss the grounds of divorce related to Hindu law and stay updated with us.

Why Divorce Ground Is Important in Divorce Cases?

Every ground which is important for divorce. It is necessary for the divorce. Some of the points important to understand why are important this.

• In every divorce case, the main cause of action arises. when some point of separation is shown between the couples.
• If Separation is shown between the couples, then some of the ground becomes a hurdle in their marriages.
• It is first understood that you should always notice the ground before deciding to divorce.
• The ground can vary in the divorce example- cruelty, desertion, unsound mind, etc.
• If the ground is not suitable then the court tries to settle the matter. If things can be managed between the couples, then there is no need for the divorce stage.

Various Divorce Ground in India

Divorce is a word that is not termed in any act. In easy language, we can understand that divorce is the term when used in the form of the legal ending of a marriage by the court. 

In India, personal laws related to divorce are given to couples so they can take help from divorce cases.

Divorce can be classified in India according to their religion. But the procedure for the filing of divorce is simple. 

Grounds are mostly the same. In divorce cases consultancy always gives help to the couples. It is less consumption of time.

• Types of Divorce Grounds In India 

In India grounds for divorce are mostly the same in every personal law. But it should first check all the grounds which are used for the divorce because irrelevant grounds we cannot raise in the court.

We can find the first grounds for the divorce but how do we know if that is the right ground for the divorce? Grounds are different from each other. Sometimes we don't understand that it is counted as the ground.

In this situation, we take the help of google and find online material related to divorce. Then we can search in google for information on grounds of divorce under Hindu law pdf. It will work for the many queries of the couples. Sometimes we always try to understand first how we can tackle our problem without any help from anyone.

Every ground for divorce is different from the other. In divorce cases, the grounds for the husband or the wife are completely in India. In Muslim law divorce cases are fought in different ways. In Hindu law, grounds for the divorce are also different for couples.

In this article, we only give focus on Hindu law. Provisions are given in the act for the divorce procedure in India.

• Divorce Ground In Hindu Law

Every couple is always looking for grounds for divorce. They can easily be seen in the bare act or pdf of the Hindu marriage act. In Hindu law only the Hindu marriage act is used for divorce, no other bare act is used in the divorce procedure.

It is important as well that grounds are the roots of the divorce if grounds are not considered by the couple then divorce cannot be granted by the court.

First, we understand why grounds are necessary for divorce. Then we see the grounds for divorce in the Hindu marriage act. It is the valid ground for divorce in Hindu law.

• Adultery

It means a spouse has a sexual relationship with another man or woman. This time it is not a crime. It is not part of divorce grounds as well.

• Cruelty

It means physical torture to the spouse. Mental torture also come under this.

• Desertion

It means to leave the spouse without any reason or any mutual consent.

• Unsound Mind

It means that the spouse is not fit properly mentally. He is not capable of understanding things.

• Leprosy Or Venereal Disease

It means that this type of disease is communicable and injurious to health.

• Renounce The World

It means that the partner is renouncing the world or we can say that they leave the partner behind.

• Presumption of Death

It means that they have not heard about the partner whether they are alive or not in the last seven years.

Divorce Ground for Husband

In the divorce grounds, many grounds are available for the couples. But laws are also the same for couples as well. It should be checked first what ground of divorce is connected with your case, it is beneficial for you.

Many grounds are given to the husband or others to the wife. In the case of a husband, how do we know the grounds for divorce?

The Hindu Marriage Act Section 13 deals with it. It is the benefit for the husband to check the ground in the act or consult a lawyer and file a case against the wife.

Grounds of Divorce for Husband

In India various grounds are given to the husband for the divorce. Their various grounds are:

• Adultery

It means a spouse has a sexual relationship with another man or woman. This time it is not a crime. It is not part of divorce grounds as well.

• Cruelty

It means physical torture to the spouse. Mental torture also come under this.

• Desertion

It means to leave the spouse without any reason or any mutual consent.

• Unsound Mind

It means that the spouse is not fit properly mentally. He is not capable of understanding things.

• Leprosy or Venereal Disease

It means that this type of disease is communicable and injurious to health.

• Renounce The World

It means that the partner is renouncing the world or we can say that they leave the partner behind.

• Presumption of Death

It means that they have not heard about the partner whether they are alive or not in the last seven years.

Divorce Ground for The Wife

In the case of a wife when the wife seeks divorce from the husband. Then it will become very difficult for women because our society is patriarchal. For the wife, it will be difficult to convince the grounds for divorce on her husband. But in law gender discrimination is never seen in court. Men and women are equal in the eye of the law.

It is very important to give relief to the wife as well. In the case of a wife, it is hard to open up in court. But some grounds are given to the wife in the Hindu marriage act. divorce grounds for a wife is given under the Hindu marriage act. First, they notice the grounds for the divorce.

Then they can file for divorce. which is especially given to the wife. Bigamy, guilty for rape, sodomy, and bestiality. It is all grounds that are given to the wife in the case of divorce.

She can easily file for divorce as well. It is the right of the wife to divorce her husband. Other grounds which are given in sec-13 of the Hindu Marriage Act are also taken as grounds for the wife if some situation arises. It is related to the wife only.

What Is the Provision of Divorce Under the Hindu Marriage Act?

In Hindu law, couples who belong to the Hindu religion can file for divorce. It should be understood first in Hindu law many acts are covered and especially for marriage issues. The Hindu Marriage Act of 1955 was enacted for the matrimonial dispute solution.

Couples can benefit from this law. Who suffers in any matrimonial disputes? Many provisions are covered in this act but, for divorce one provision is especially given in the act. For the layman, it is very difficult to understand the whole process of divorce and the grounds for divorce. They can consult any lawyer.

• Irretrievable Breakdown of Marriage Theory

In this theory, one important thing is that when a couple mutually decided the break the marriage then this theory comes into use.

But in this theory, couples should focus on the things that are proved in the court marriage cannot be settled between the couple. No chances of getting back together as a couple.

This theory is used as the ground for divorce as well. But in the law related to divorce, no ground is who justified this theory as the ground. It is the ground for divorce or not. It is the question of law always in the court.

How Can A Lawyer Finalize Your Divorce?

• After that, if they are decided on divorce. They can consult a lawyer.
• They can brief their story to the lawyer.
• Information related to the client is given to the lawyer.
• A lawyer takes important documents from the client.
• After that, the lawyer drafted the divorce petition.
• In court when a case is listed in the court. Hearing of the case is started and a summons is served to the other party.
• All the procedure is done in court. The court is satisfied that no settlement is possible between the couple.
• The court can grant the decree of divorce.
• A lawyer must tell the client to check you can get a divorce or not.

Bring to the Closure…

Couples who always seek divorce on their grounds are played an important role in the divorce case. Every ground which is related to the husband or wife is properly independent because special grounds are given to the husband or wife. Most of the cases come on the grounds of cruelty.

Adultery is not part of the ground for divorce now. Within the time in the grounds changes can be seen in the divorce.

Now cruelty is the ground that is covered in broad terms for the ground of divorce. In divorce law, within a time mental cruelty is also included because cruelty is made in broad terms.

But these grounds are sufficient in the court if other grounds are shown in the cases and find no meaning then the case is easily dismissed. Grounds should be relevant in the court.

Onlinexbrl.com, is the leading platform for legal services, Book your Consultation now.