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Writer's picturethelila500
Oct 14, 20224 min read

Can I Get Divorce Due To Criminal Activities Of Spouse?

Before the Hindu Marriage Act of 1955 went into effect, the union of a husband and wife was referred to as being inseparable. Many asserted that there is no legal way to separate a husband and wife, and that neither may be sold or abandoned. But the Hindu law did not accept divorce in ancient times. However, there have been several modifications in the area of marriage and divorce legislation since the adoption of the Hindu Marriage Act in 1955. Divorce is discussed in Sections 13, 13-B, 14, and 15 of the HMA of 1955. The reasons for divorce are outlined in Section 13 of the Act.


According to Section 14, couples cannot file for divorce until one year has passed since their wedding. However, in certain cases, such as where bigamy is involved or the petitioner's permission was obtained through deception or fraud, the petition may be considered. When a marriage is dissolved by a divorce order and there is no right to appeal the ruling, the deadline for appealing has passed, or an appeal was presented but dismissed, Section 15 states that a divorced person may remarry. It also specifies the limitations on when a divorced person may remarry. A Lawyer In Delhi can help understand the provisions of the Hindu Marriage Act.

Grounds of Divorce:


Adultery: Either spouse may submit a petition for divorce under clause I of subsection (1) of section 13 on the grounds of the respondent's adultery. Living in adultery, as used in olds. 13(I)(i), referred to a continuous career of adultery as opposed to one or two transgressions of morality. An overly restrictive and limited interpretation of the phrase "is living" in (old) cl. I of sub-sec. (1) of Section 13 of the Act would not be in line with the Legislature's objective. On the other hand, it was evident that these words should not be given a too loose construction.

Even if the husband had previously been an adulterer, but had severed ties to that lifestyle prior to the petitioner's submission, that would not be sufficient to trigger the operation of these terms. It is impossible to establish a firm guideline because each case's outcome must be determined based on its unique facts and circumstances. Divorce under the grounds of adultery can be filed by Divorce Lawyer In Delhi.


Cruelty: Since the Marriage Laws (Amendment) Act of 1976, cruelty has been recognised as a legal basis for both judicial separation and divorce. It was only a basis for judicial separation prior to that modification; not for divorce. According to section 13 (l) (ia), mental cruelty is widely defined as behaviour that causes the other party, such mental agony and suffering that it would be impossible for that party to coexist with the other. Or, to put it another way, the mental cruelty must be of a kind that makes it impossible for the parties to coexist.


Desertion: The Marriage Laws (Amendment) Act of 1976 amended section 13 of the law to include desertion as a cause of divorce. It was previously just a justification for judicial separation. Desertion is now a basis for divorce and legal separation.


Conversion: A Hindu couple may divorce on the grounds that the responder no longer identifies as a Hindu after converting to another faith. A marriage was not automatically dissolved by one of the spouses' converts, according to ancient Hindu law. Therefore, it should not be permitted for a party to the marriage to obtain a divorce by converting his or her religion as it was stated in the declaration of objects and reasons for the Bill that a change in faith was not incompatible with the continuation of conjugal love. Therefore, the party who remained to practise Hinduism is granted the right to obtain a divorce under this rule.


Conversion - If one of the two decides to change their religion, the other spouse may file for divorce using this cause.


Mental Illness - If the petitioner's spouse has an incurable mental illness or is insane, it is unreasonable to expect the couple to remain married. This is a reason to file for divorce.


Leprosy - The other spouse may file a petition if the first spouse suffers from a "virulent and incurable" form of leprosy.


Venereal Disease - The other spouse may file for divorce if one of the couples has a serious, easily spreadable sickness. Venereal infections include AIDS and other sexually transmitted illnesses.


Grounds Under Which Wife Can File for Divorce:

  • If the husband has engaged in bestiality, sodomy, or rape.

  • The first wife may file for divorce if the union was consummated prior to the passage of the Hindu Marriage Act and the husband afterwards wed a different lady while the first wife was still living.

  • If a girl marries before the age of fifteen and divorces her spouse before becoming eighteen, she is legally authorised to do so.

  • The wife may file for divorce if there has been no cohabitation for a year and the husband disregards the maintenance order granted to her by the court.

Thus, divorce cannot be filed on the basis of criminal acts by the spouse, but only the wife can file divorce is husband has engaged himself in the act of bestiality, sodomy, or rape. Help can be taken from a Criminal Lawyer In Delhi while dealing with the crime of rape.


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