The matrimonial landscape in India is governed by a complex web of personal laws tailored to different religious communities. While statutes like the Hindu Marriage Act, 1955 (HMA) and the Special Marriage Act, 1954 (SMA) provide the primary framework for the majority of cases, the legal grounds for seeking a decree of divorce have evolved through both legislative action and judicial interpretation. This article provides a detailed breakdown of the existing grounds for divorce, categorized into fault-based grounds, objective breakdown grounds, special provisions for wives, and the emerging doctrine of irretrievable breakdown.
Matrimonial relief in India is predominantly sought under the Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains, and Sikhs) and the Special Marriage Act, 1954 (a secular law for civil marriages). Other community-specific laws include the Indian Divorce Act, 1869 (Christians), the Parsi Marriage and Divorce Act, 1936, and the Dissolution of Muslim Marriages Act, 1939.
Under the “Fault Theory” of marriage, one party must prove a specific matrimonial offense committed by the other. Section 13(1) of the HMA outlines several grounds:
Citing Section 13(1A) of the HMA, the law provides for divorce based on the failure of previous court decrees, regardless of original fault:
The HMA provides specific additional grounds available exclusively to the wife:
Introduced to provide a smoother exit from failed marriages, Section 13B allows for divorce if both parties jointly petition the court, stating:
While not yet a statutory ground under the HMA or SMA, “Irretrievable Breakdown of Marriage” has gained significant legal traction. The Law Commission of India’s 71st Report recommended its introduction—a sentiment echoed by the Bombay High Court in Mrs. Pragati Varghese vs Cyril George Varghese (1997).
The legal pinnacle of this doctrine was reached in the landmark 2023 Supreme Court judgment, Shilpa Sailesh vs Varun Sreenivasan. The Court affirmed that it can invoke its extraordinary powers under Article 142 of the Constitution of India to grant a divorce on this ground.
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