Ceremonies for marriages. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— PRELIMINARY 1. Grounds of divorce under section 13 of Hindu marriage act 1955 Earlier divorce was unknown to general Hindu law as marriage was seen as an indissoluble union between the husband and wife. 17 [ (iii) 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 cannot reasonably be expected to live with the respondent. 5. Matrimonial causes. Advertisement. Full text containing the act, Hindu Marriage Act, 1955, with all the sections, schedules, short title, enactment date, and footnotes. 1 any marriage solemnised whether before or after the commencement of this act may on a petition presented by either the husband or the wife be dissolved by a decree of divorce on the ground that the other party. Section . In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty. The Court was dealing with an appeal preferred by the Appellant-wife against an order of the Family Court allowing the Respondent-husband's petition for grant of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA). The grounds of divorce under the Hindu Marriage Act had been stated under Section 13 of the said act. (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or, (iv) has been suffering from a virulent and incurable form of leprosy; or, (v) been suffering from venereal disease in a communicable form; or, (vi) has renounced the world by entering any religious order; or. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Divorce (Section 13) Provisions. The Supreme Court has held that a power to transfer the petition under Section 21A of the Hindu Marriage Act can be invoked only when the subsequent petition is … Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce. The applicant married to the respondent in 1999, However, a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 had been passed by the family court in 2008 at the instance of the husband. It means that if both the parties i.e. Section 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 deals with the provision of divorce on grounds of mutual consent. 9. Thus these grounds are lawfully valid grounds for divorce and if such circumstances arise, then, unfortunately, divorce is bound to take place. Sec. – In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly. (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-, (i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or, (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or, (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or, (ii) has ceased to be a Hindu by conversion to another religion; or.