What are the grounds of divorce under section 13 of the Hindu Marriage Act?
Asked by: Dr. Devyn Cummings | Last update: July 15, 2026Score: 4.3/5 (45 votes)
Section 13 of the Hindu Marriage Act, 1955 outlines several grounds for divorce, including adultery, cruelty, desertion, and mental disorder.
What are the grounds for divorce under Section 13 of the Hindu Marriage Act?
(1)Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— (i)has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person ...
Does wife get money under 13B?
13-B of the Hindu Marriage Act and you can mention Rs. 13 lakhs payment. Mostly it will be given on the day of decree or else some amounts paid on the date of filing of the petition before the Court. It depends on the mutual agreement between the parties.
What is the difference between section 13 and 13B?
Section 13: Grounds for a contested divorce, such as adultery, cruelty, desertion, conversion, mental disorder, and others. Section 13B: Mutual consent divorce, requiring both parties to agree that the marriage has broken down irretrievably and to live separately for at least one year.
What does Section 13 of the Hindu Marriage Act cover?
Grounds for divorce: Section 13 provides various grounds for divorce, such as cruelty, desertion, adultery, conversion to another religion, unsoundness of mind, or suffering from a venereal disease. The petitioner must establish the existence of the grounds for divorce as mentioned in Section 13.
Hindu Marriage Act | Section 13 - Divorce || Grounds of divorce U/S 13(1)
What is Section 13B for divorce?
Section 13B H. M. ACT incorporated in 27/05/1976 provides for divorce by mutual consent. 1. Parties have been living separately for a period of one year or more. After the presentation of petition a cooling off period not less than 6 months but not later than 18 months on motion of both the parties.
What is the waiting period in section 13B?
The 6-Month Cooling Period in Divorce is outlined in Section 13B(2) of the Hindu Marriage Act. The law states that the divorce decree will only be granted after this period, allowing for a second motion to be filed after the waiting period.
What is the biggest mistake in divorce?
5 Biggest Mistakes You Must Avoid Making During Divorce
- Waiting Too Long to File for Divorce. It's natural to want to wait to file for divorce. ...
- Waiting Too Long to Hire an Attorney. ...
- Moving Out of the Marital Home Too Soon. ...
- Failing to Separate Finances Early. ...
- Trying Too Hard to Avoid Litigation.
What is Section 13 of the Matrimonial Causes Act?
PART II—OTHER MATRIMONIAL CAUSES Section 13—Nullity. (1) Any person may present a petition to the court for a decree annulling his marriage on the ground that it is by law void or voidable (in this Act referred to as "a decree of nullity”).
When was section 13B added to the Hindu Marriage Act?
Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 provides a relatively conciliatory path for spouses to dissolve a marriage without proving fault. Introduced by the 1976 Amendment, the provision seeks to balance individual autonomy, social stability, and protection against hasty decisions.
What money is untouchable in a divorce?
A: Assets considered untouchable in a divorce include inheritances, personal gifts, and property owned before marriage. However, if these assets are commingled with marital property or used for marital purposes, they can lose their separate property status.
Do I have to support my wife after a divorce?
Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce.
In which situation is wife not entitled for maintenance?
However, a sub-clause says that “no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.” Illustration: rewati_karan #adultery # ...
What evidence is needed for Section 13 divorce?
Evidence and Documents Required
Proof of residence/separation. Wedding photos/videos. Medical records (if alleging cruelty or illness) Witness details.
Does Section 13 apply to all Hindus?
Section 13 of the Hindu Marriage Act deals with divorce. It means a marriage can be dissolved when one spouse proves legally recognised misconduct or certain conditions against the other spouse. This section applies to Hindus, Buddhists, Jains, and Sikhs in India.
What are the 4 causes of divorce?
While every marriage is unique, certain patterns and recurring issues frequently contribute to marital breakdown. One helpful, though not exhaustive, framework for understanding these common causes is the “4 A's”: Adultery, Abandonment, Abuse, and Addiction.
What money can't be touched in a divorce?
Money that can't be touched in a divorce can include any that you received before getting married, a gift or inheritance that was given to you during your marriage, or income earned following the date of your separation from your spouse.
What are the five causes of broken marriage?
Marriages break down for many reasons. Some of the reasons may include conflict and communication issues, parenting stress, extra-marital affair, family violence, and others. Click to find out more about what you can do to address each issue. You may also find other marital counselling services here.
What is Section 13 of the marriage Act?
Whenever the license issued under section 13 of this Act authorises the celebration of marriage at a place other than a licensed place of worship, or the office of the registrar of marriages, the registrar of the district in which marriage is intended to take place, upon the production of such license, shall deliver to ...
What are the 3 C's of divorce?
If you are facing divorce, understanding the 3 Cs can help you focus on what will ultimately affect your future. In practical legal terms, the 3 Cs often mean custody, child support, and cash. These are the core areas that the Court will address before your divorce is finalized.
What can you not do during a divorce?
Hiding Assets
Concealing assets during a divorce is not only unethical but also illegal. Courts take this matter seriously, and if discovered, it can lead to severe penalties, including fines and potential jail time. Transparency is key in legal proceedings, and any attempt to hide financial information can backfire.
What are the 4 signs a marriage will end in divorce?
The Signs That Point Toward Divorce
Relationship researchers, including the Gottmans, have identified four powerful predictors of divorce: criticism, defensiveness, stonewalling, and contempt. These behaviors are sometimes called the “Four Horsemen” of relationships because of how destructive they are to marriages.
Can a woman divorce her husband without his consent?
Divorce Proceeds: The divorce can proceed even if the other spouse does not consent. Deemed Service: If the other spouse fails to acknowledge receipt within 14 days, the court can deem the application as served, allowing the process to continue.
How long can you stay in chapter 13?
Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.