Divorce and Separation

Divorce can be taken under Section 13 of the Hindu Marriage Act, 1955, on the grounds of adultery, cruelty, abandonment, conversion, mental illness, severe leprosy, serious communicable disease and lack of knowledge of the person alive or dead for seven years or more. The Hindu Marriage Act, 1955 provides for the process of dissolution of marriage, which applies to those who believe in Hindu, Buddhist, Jain and Sikhism. There can be the following grounds of separation of marriage under Section 13 of this Act,

• Adultry – If one of the spouses establishes an extramarital affair with another person, then it can be considered as the basis for the separation of marriage.
• Cruelty – If a spouse is physically, sexually or mentally tortured by his or her partner, then under cruelty, it can be considered as the basis of marriage separation.
• Desertion – If one of the spouses has left their partner and they have been living separately for two consecutive years before filing a divorce application.
• Proselytisze – If one of the husband and wife has accepted another religion.
• Mental Disorder (Unsound Mind) – Either of the spouse suffers from incurable mental state and insanity and it is impossible for them to be with each other.

Section 13B mutual Divorce

Apart from this, under Section 13B of the Act, mutual consent has been considered as the basis of marriage separation. Subject to the provisions of this Act, a petition for dissolution of marriage by a decree of divorce may be submitted to the district court for marriage with both the parties. This process will be complete to 6 month of mutual consent . Both are mutual concern Mandatory of this process.