In India, the institution of marriage is considered sacred, especially in Hindu culture. However, circumstances may arise where the marriage becomes irretrievably strained, leaving no scope for reconciliation. Under Hindu laws, both the husband and the wife are granted the right to seek divorce based on specific grounds provided in the Hindu Marriage Act, 1955. This article focuses on the legal provisions, grounds, and judicial interpretations that allow a husband to seek divorce.
Legal Framework for Divorce under Hindu Law
The Hindu Marriage Act, 1955 governs the provisions for divorce among Hindus. Section 13 of the Act enumerates the grounds on which either spouse can file for divorce. These grounds ensure that legal recourse is available in cases where the marriage cannot sustain due to fault or circumstances beyond the control of the spouses.
Grounds on Which a Husband Can Seek Divorce
A husband can ask for divorce under the following grounds, as specified in Section 13 of the Hindu Marriage Act:
1. Adultery (Section 13(1)(i))
Adultery refers to a spouse having voluntary sexual intercourse with someone other than their legally wedded partner. If the wife engages in an extramarital relationship, the husband can file for divorce under this ground. While proving adultery, the court often relies on circumstantial evidence, as direct evidence may not always be available.
2. Cruelty (Section 13(1)(ia))
Cruelty can be physical or mental. For a husband to seek divorce under this ground, he must prove that the wife’s conduct has caused unbearable physical or mental suffering. Acts such as false allegations, harassment, or abusive behavior may constitute cruelty.
3. Desertion (Section 13(1)(ib))
If the wife abandons the husband without a valid reason and intention to return for at least two continuous years before filing the petition, the husband can seek divorce on the ground of desertion. The abandonment must be intentional, and the onus of proof lies on the petitioner.
4. Conversion to Another Religion (Section 13(1)(ii))
If the wife renounces Hinduism and adopts another religion, the husband has the right to file for divorce. Conversion signifies a breach of the shared religious and cultural foundation of the marriage.
5. Mental Disorder (Section 13(1)(iii))
A husband can file for divorce if the wife suffers from a mental disorder that makes it impossible to live together as a married couple. The disorder must be severe and render the wife incapable of fulfilling marital obligations.
6. Incurable Leprosy (Section 13(1)(iv))
In cases where the wife is diagnosed with incurable leprosy, the husband can seek divorce. However, the condition must be medically verified and deemed incurable.
7. Venereal Disease (Section 13(1)(v))
If the wife suffers from a communicable venereal disease, the husband can file for divorce. The disease must be of a serious nature and transferable through physical contact.
8. Renunciation of the World (Section 13(1)(vi))
Renunciation involves the wife giving up worldly life and entering a religious order. If the wife renounces the world and becomes a sannyasin, the husband can seek a divorce on this ground.
9. Presumption of Death (Section 13(1)(vii))
If the wife has not been heard from for seven years or more, the husband can seek divorce based on the presumption of death. Adequate evidence, such as a missing persons report, must be submitted.
Additional Grounds for Divorce Available to the Husband
1. Mutual Consent (Section 13B)
Both spouses can jointly file for divorce by mutual consent if they have been living separately for at least one year and agree that the marriage has irretrievably broken down. The court grants the decree after ensuring there is no coercion.
2. Irretrievable Breakdown of Marriage
Although not explicitly mentioned in the Hindu Marriage Act, courts have increasingly recognized irretrievable breakdown as a valid ground for divorce. The Supreme Court has, in various judgments, granted divorce where reconciliation is impossible.
Judicial Precedents on Divorce for Husbands
Narendra v. K. Meena (2016)
In this case, the Supreme Court ruled that constant mental harassment by the wife, including false allegations, constitutes mental cruelty, allowing the husband to seek divorce.
K. Srinivas v. K. Sunita (2014)
The Supreme Court held that filing false criminal complaints by the wife against the husband and his family amounts to cruelty, thereby justifying divorce.
Procedure for Filing Divorce
1. Consultation with an Advocate: Seek professional legal advice to evaluate the grounds and prepare the case.
2. Filing a Petition: File a divorce petition in the family court with jurisdiction.
3. Submission of Evidence: Provide evidence supporting the grounds of divorce.
4. Mediation or Reconciliation: The court may direct mediation to resolve disputes amicably.
5. Final Hearing and Decree: If reconciliation fails, the court grants a divorce decree.
The Hindu Marriage Act provides a comprehensive framework to address marital disputes and ensure legal remedies. A husband can seek divorce on specific grounds, but it is essential to follow due legal processes and present evidence to substantiate claims. While the dissolution of marriage is often a painful decision, the law ensures fairness and justice for both spouses. Legal guidance and sensitivity in handling such cases can help mitigate emotional distress and achieve an equitable outcome.
