What are the grounds of divorce by mutual consent in Hindu Law?

What are the grounds of divorce by mutual consent ?

Divorce by mutual constant :-  

                        As per with the analogous provision of divorce by mutual consent under the special Marriage Act 1954 section 13B Hindu Marriage Act list down that a petition for divorce by mutual consent may be present joined by both the spouse with the following arguments

1. That they have been living separately for a period of 1 year

2. They have not been able to live together

3. They have mutually agree to live separately

1. Subject to the provision of this act of petition for Dissolution  of a marriage by a degree of divorce maybe present to the district court by both the parties to a marriage together, weather such marriage was Solemn before or after the commencement of the marriage laws( Amendment ) Act 1976,  on the ground that they have been living separately for a period of 1 year or more , that they are not been living together and that they are mutually agreed that the marriage should be dissolved .

2. On the motion of both the parties made not earlier than 6 months after the presentation of the petition referred to in sub-section (1) and not later then 18 month after the said it if the petition is not withdrawn in the meantime the court shall on being satisfied after hearing the parties and after making such enquiry as it this fit that a marriage has been Solemn that the amendment in the petition are true pass a degree of divorce declaring the marriage to be dissolve with the effect from the date of the decree.

               Period of 18 months referred to the section 13(B) in respect of withdrawal of joint application and not outer limit for filing motion for grand of degree by mutual consent.

Case :- 

( SANTOSH KUMARI VS VIRENDRA KUMAR , AIR 1986 R.A.J 128 )

The requirement of the motion within that time specified under Section 13- B (2) is merely a matter of formalities and a degree for divorce by mutual consent without waiting for a period of 6 months specified on Section 13B(2) if a court is satisfied in a case that the requirement subsection (1) of section 13(B) is fulfilled .

Grounds of Divorce :-

                                Section 13 enumerates eleven grounds on which either party to a marriage can make a petition to the court for a decree of divorce dissolution the marriage was solemn before or after the commencement of the act . The Section also provide four more grounds of divorce to the wife only. These fifteen grounds can thus be divided as follows :-

A) Grounds available to either husband or wife .

B ) Grounds available .

It  may also be  noted that the Act now also provides for divorce by mutual consent which is also discussed bellow :- 

A ) Grounds of divorce available to either husband or wife :- ( Section 13 )

i ) Adultery :- Namely that the either party has after the solemnisation of the marriage had voluntary sexual intercourse with any person other than his or her spouse .

ii ) Cruelty - Namely , that the either party has alter the  solemnisation of the marriage , treated the petitioner with cruelty .

iii ) Desertion :- The either party has deserted the petition for a period of not less that two years immediately proceeding  the presentation of the petition .

iv ) Conversion :- The either party has ceased to be a Hindu by conversion to another religion .

v ) Insanity :- The either party has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner can not reasonably be expected to live with the respondent .

vi ) Leprosy :- The either party has been suffering from a virulent and incurable form of leprosy . *

vii )  Venereal Disease : - The either party has been suffering from Venereal Disease in a communicable form .

viii ) Renouncing the world : - The either party has renounced the world , by entering any religious order .

ix ) Not Heard of : - The either party has not been heard of as being alive for a period of at least seven years , by person who would naturally have heard of him , had he been alive.

x ) Decree of Judicial separation :-  A decree for judicial separation between the parties has been passed and there has been no resumption of co-habitation for a period of at least one year after passing of such decree .

xi ) Decree of Restitution of conjugal Rights :-  A decree for restitution of conjugal Rights between the parties has been passed , but there has been no restitution of conjugal rights for a period of at least one year after the passing of such decree .

B ) Grounds of Divorce available to the wife only :- 

                                        In addition to the eleven grounds of divorce the following four additional grounds are available only , where the wife applies for a decree : -

1 ) BIGAMY

2 ) RAPE , SODOMY OF BESTIALITY 

3 ) DECREE OF ORDER AWARDING MAINTANANCE 

4 ) REPUDIATION OF THE MARRIAGE  

* No required to write (Leprosy, also known as Hansen's disease, is a chronic infectious disease caused by Mycobacterium leprae. The disease affects the skin, the peripheral nerves, mucosal surfaces of the upper respiratory tract and the eyes. Leprosy is known to occur at all ages ranging from early childhood to old age. )

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