Section 13 Of Hindu Marriage Act, 1955

(1) Any marriage solemnized after the commencement of the act, husband or the wife anyone of the partner can file a petition of the divorce.

The marriage can be dissolved with a decree of the divorce on the following grounds-

(i) If any one of the partners has consensually indulged in sexual intercourse with someone else,

  (a) If one of the spouses has committed cruelty with them,

  (b) If one of the spouses has deserted their spouse for more than two years and,

(ii) If they have discontinued being a Hindu by converting to any other religion

(iii) If one of the spouses is in their unsound mind or is suffering from an incurable mental disorder,

  (a) The term mental disorder means mentally not a stable or mental illness, incomplete development of the mind this also includes schizophrenia

(iv) If the partner is suffering from an incurable form of leprosy,

(v) If the partner is suffering from a venereal communicable disease

(vi) If the partner has renounced the world by entering any religious side of the world,

(vii) If there is no news of the person for more than 7 years the person is also considered to be not alive.

- The term desertion means when a person without a reasonable cause deserts their partner and has no news of them for 7 years or more.

(1-A) Both the party needs to present at court.

A petition for the dissolution of the marriage which is completed after or before the commencement of the Act can be filed at court.

They can get the decree of the divorce on the grounds-

(i) That the couple cannot find a final solution to resolve their dispute and their need for a divorce.

(ii) That there is no cohabitation between the married couple for almost one year,

(iii) That there is no restitution of the conjugal rights of the married couple for one year and more.

2) A wife can also present the petition of the divorce on the following grounds.

(i) If the married man gets married again before the commencement of the marriage.

(ii) That the husband after the solemnization has been found guilty of a crime like rape, sodomy, and bestiality.

(iii) On the ground, if the husband is not providing maintenance to the wife for the daily living.