Grounds for Divorce under the Hindu Marriage Act,1955
By Advocate Vivek Nasa / 2017-01-18
In India, there can be two grounds for divorce namely mutual consent and contested divorce. The Hindu Marriage Act, 1955, under Section 13(1) lays down the grounds on which a husband or wife can file a divorce petition in India.

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There are two kinds of divorce in India- mutual consent divorce and contested divorce. Divorce petitions filed under the former category need to be coupled with the consensus of both the parties with respect to the amount which is to be paid for alimony or maintenance and over the matter of child custody. Whereas in the latter category where mutual consent lacks, there are several grounds on which a divorce petition can be filed.

Read our Guide To Mutual Divorce

Divorce is defined under Section 13 of the Hindu Marriage Act, 1955. There are several grounds over which a solemnized marriage can be dissolved:

1. Adultery

As per Section 13 (1), either party to the marriage can present the petition for divorce on the ground of adultery of the other party. If the other party, after the solemnization of marriage had sexual intercourse with any person other than his or her spouse is said to have committed adultery. Commission of adultery is a valid ground for divorce. Even a single act of indulging in a sexual relationship with another person shall be enough under this section. The best divorce lawyers in India can be consulted to file a divorce petition on the grounds of adultery.

In India, there can be two grounds for divorce namely mutual consent and contested divorce. The Hindu Marriage Act, 1955, under Section 13(1) lays down the grounds on which a husband or wife can file a divorce petition in India.

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