Discuss the grounds of divorce under the Hindu law. Whether a Hindu male after his acquittal in trial of Section 498A of the Indian Penal Code.....

Question: Discuss the grounds of divorce under the Hindu law. Whether a Hindu male after his acquittal in trial of Section 498A of the Indian Penal Code, 1860 can seek divorce from his wife under the Hindu law? [BJS 2021]

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Answer

Section 13 of the Hindu Marriage Act, 1955 lays down the primary provision for divorce among Hindus in India. Section 13 incorporates a specific set of grounds which can be valid grounds on which a Hindu marriage can be dissolved. Let us have a look at these grounds for seeking the dissolution of a Hindu marriage:

1. Adultery

Adultery refers to an act of having voluntary sexual intercourse between a married person with someone else other than their spouse Section 13(1)(i) states adultery is a ground for divorce if a spouse is engaged in voluntary sexual intercourse with someone else than their partner. However, the burden of proof lies on the Petition to prove adultery on the preponderance of probabilities.

2. Cruelty

Cruelty is another ground of divorce as laid down under Section 13(1)(ia) of the Hindu Marriage Act, 1955. It is imperative to note that cruelty can be both physical or mental but can cause harm or create a reasonable apprehension of harm in the mind of the petitioner. The burden of proof lies on the petitioner to demonstrate cruelty before the court of law, either through inference drawn from the facts of a case or by submitting evidence.

3. Desertion

Section 13(1)(ib) of the Act allows divorce on grounds of desertion. Desertion refers to the abandonment of a spouse by the other without having obtained the consent of the aggrieved spouse. The abandonment must be without any reasonable cause for a continuous period of not less than 2 years.

There are two mandatory requirements for a desertion to be a ground of divorce i.e., a) the deserting spouse has an intention to abandon permanently and b) no consent of the deserted spouse has been obtained.

4. Insanity

Section 13(1)(iii) of the Act states mental disorder as one of the grounds for divorce. The reason is that a spouse’s mental disorder (incurable) or continuous unsound mind makes it unreasonable for the other spouse to cohabit with the spouse having such a condition.

5. Conversion

Section 13(1)(ii) of the Act makes conversion to another religion and ceasing to be a Hindu a valid ground for divorce.

6. Venereal Disease

If a spouse has a venereal disease or sexually transmitted infection that is communicable, it is a valid ground for divorce under Section 13(1)(v)

7. Renunciation of the World

As per Section 13(1)(vi) if a spouse renounces worldly affairs by joining a religious order it is a valid ground for divorce.

8. Presumption of Death

As per Section 13(1)(vii) of the Act if a spouse has not been heard of for a minimum of 7 years, the presumption of death of such spouse can be presumed under the statute. However, the burden of proof is on the petitioner to show that reasonable efforts were made to ascertain the spouse's whereabouts.

Special Grounds for Divorce Available to Wives

Section 13(2) of the Hindu Marriage Act grants special grounds to wives for seeking divorce, exclusively applicable to their situation. One such ground may be a polygamous marriage done prior to the introduction of the Act. The other grounds are listed below:-

Section 13(2)(i) states that if the husband has another living wife from a marriage before the commencement of the Act, it becomes a valid ground of divorce for the second wife.

Section 13(2)(ii) provides wives with the right to seek divorce if their husband is found to have committed rape, sodomy, or bestiality after the marriage.

Section 13(2)(iii) provides wives with the right to seek divorce if the husband is accused of non-resumption of cohabitation for a year following a maintenance order,

Under Section 13(2)(iv) a wife can seek repudiation of marriage before turning major if it was solemnized before she turned 15 years of age.

Divorce by Mutual Consent

Section 13B of the Act provides for divorce by mutual consent of both parties. However, the provision mandates certain requirements to be fulfilled to complete divorce by mutual consent such as the following:-

• A joint petition was moved by both parties.
• The couple has been living separately for at least one year.
• Mutual agreement not to live together.

Whether a Hindu male after his acquittal in the trial of Section 498A of the Indian Penal Code, 1869 can seek divorce from his wife

Section 498A of the Indian Penal Code, 1860 deals with the cruelty of a husband or his relatives towards a wife. An acquittal under Section 498A would mean that the court has not found sufficient evidence of cruelty against the husband or his relative within the meaning of Section 498A.

Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA) provides the right to a spouse to seek dissolution of marriage on the ground of cruelty.

In the case of X v. Y (2024), the Hon’ble Delhi High Court held that an acquittal under Section 498A of IPC will not automatically mean to have conferred the right to divorce the wife on the ground of cruelty. The Court further noted that an acquittal under this provision would not necessarily exclude the possibility of cruelty or misconduct in the marital relationship that may have occurred before or during the trial.

The reasoning given by the Hon’ble Delhi High Court is that an acquittal in a criminal case does not have to do anything with the emotional and personal aspects involved in a marriage. A petition seeking dissolution of marriage on the grounds of cruelty under Section 13 of HMA requires evidence and assessment of facts in the marital context, with no relation to the criminal proceedings.

Thus, answering the question in hand, a Hindu male, even if he is acquitted in a criminal proceeding under Section 498A of the IPC, 1860, cannot automatically seek divorce from his wife on this ground alone under the Hindu Marriage Act, 1955. It is necessary that the divorce petition is supported with the evidence of cruelty under HMA and the acquittal of the husband does not serve as conclusive evidence of the absence of cruelty in the existing matrimonial relationship. Each case has to be decided on its own merits and with respective evidence.