The Hindu Marriage Act, 1955 initially adopted the "matrimonial fault theory" of divorce, but was subsequently amended to incorporate consent-based dissolution.
1. Fault Grounds for Divorce: Section 13(1)
Either spouse can petition for divorce under Section 13(1) based on the following matrimonial offenses:
- Adultery: Voluntary sexual intercourse with any person other than his or her spouse.
- Cruelty: Subjecting the spouse to mental or physical cruelty.
- Desertion: Abandoning the petitioner without reasonable cause for a continuous period of not less than 2 years immediately preceding the petition.
- Conversion: Ceasing to be a Hindu by converting to another religion.
- Unsoundness of Mind: Incurably of unsound mind or suffering from a continuous mental disorder.
- Renunciation: Renouncing the world by entering a religious order.
- Presumption of Death: Not been heard of as being alive for 7 years or more.
2. Divorce by Mutual Consent: Section 13B
Introduced by amendment in 1976, Section 13B allows amicable dissolution:
- First Motion (Section 13B(1)): Parties file a joint petition declaring they have been living separately for 1 year or more, have not been able to live together, and have mutually agreed to dissolve the marriage.
- Second Motion (Section 13B(2)): A mandatory waiting / cooling-off period of 6 to 18 months is required before the second motion can be heard to confirm the divorce.
- Note: The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) ruled that this 6-month waiting period is directory, not mandatory, and can be waived if all efforts at reconciliation have failed and delay would cause hardship.