Divorce

The word divorce comes from Latin word ‘divortium’ which mean ‘to separate’.
Section 13- Any marriage that was solemnized before or after commencement of this act, can be dissolved by a decree of divorce by either husband or wife.
Section 13(1) – under section 13(1) there are some grounds of divorce for both husband and wife.
1) Adultery- adultery means sexual intercourse between a married person and third party. Adultery cannot be committed without one’s consent. Now, adultery is not a punishable offence but it is used as ground of divorce.
2) Cruelty- A spouse can file a divorce when he/she is subjected to any kind of mental and physical injury that causes danger to life.
3) Desertion- In desertion one party has abandoned the other party and there is no reasonable ground for abandoning. The only intention of abandoning is to end married life and this situation has been for more than 2 yrs.
4) Conversion- When one party converts its religion from Hindu to Muslim then also divorce can be granted.
5) Insanity- In case of insanity, respondent has been suffering from such mental disorder that the petitioner cannot expect to live with.
6) Venereal disease- is a sexual communicable form of disease. This disease is communicable and it is not necessary that it should have been communicated to the petitioner.
7) Renunciation- If other party has renounced the world and entered a holy world then it is considering as ground of divorce.
8) Presumption of Death- When other party is presumed to be dead or has not been heard of being alive for at least 7 yrs then it is consider as ground for divorce.

Section 13(1-A) Ground of divorce for both husband and wife

1) No presumption of cohabitation- when there is judicial separation but there is any resumption of cohabitation for 1 yr or more.
2) No restitution of conjugal rights when there is any restitution of conjugal rights after passing decree for 1 yr or more.

Section 13(2) – Provides special ground of divorce for wife

1) Bigamy husband has more than one wife
2) If husband proven guilty of rape, bestiality or sodomy.
3) If wife has obtained an order of maintenance under section 125 Cr.p.c. or cohabitation has not resumed between parties after 1 yr.
4) Marriage has been solemnized when wife was under 15 yrs and she repudiated marriage before she was 18 yrs.

Section 13B –Divorce by mutual consent
In this both parties agree to divorce whether the above mentioned grounds were available or not.

      Section 14- this section explain when parties can file divorce. Under section 14 of HMA parties cannot apply for divorce before 1 yr of their marriage, exceptional cases like domestic violence can be heard.

 Section15- Section 15 explains when divorced party can remarry. If no appeal to decree of divorce lies or if the time period of appeal has expired then parties can remarry.

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