Divorce under Hindu law is governed by the Hindu Marriage Act, 1955. Under this act, divorce is granted on the grounds of mutual consent or on certain specified grounds.
One of the grounds for divorce under Hindu law is adultery. Adultery refers to the act of one spouse having sexual relations with a person of the opposite sex outside of the marriage. This ground for divorce is only applicable to the spouse who has not committed adultery.
Another ground for divorce under Hindu law is desertion. Desertion refers to one spouse abandoning the other without any reasonable cause and without the other spouse’s consent. This abandonment must be for a continuous period of at least two years.
Cruelty is also a ground for divorce under Hindu law. Cruelty refers to any behavior that causes physical or mental suffering to the other spouse. This can include physical abuse, emotional abuse, and harassment.
A fourth ground for divorce under Hindu law is conversion. If one spouse converts to another religion, the other spouse can seek divorce on the grounds of conversion.
A fifth ground for divorce under Hindu law is unsoundness of mind. If one spouse has been suffering from mental illness for at least a period of three years and has been continuously treated by a medical professional, the other spouse can seek divorce on the grounds of unsoundness of mind.
In addition to these grounds for divorce, Hindu law also allows for divorce by mutual consent. If both spouses agree to the divorce and have lived separately for at least a year, they can seek divorce by mutual consent.
It’s important to note that divorce under Hindu law is not granted easily. The courts will consider various factors before granting a divorce, including the financial and emotional well-being of the spouses and any children involved.
In the case of a divorce, Hindu law also provides for the division of assets and maintenance for the spouse who is not at fault. The division of assets is based on the principles of equal distribution and the concept of “self-acquired” and “inherited” property. Maintenance is typically granted to the spouse who is not at fault and does not have the means to support themselves financially.
In conclusion, divorce under Hindu law is granted on the grounds of mutual consent or on certain specified grounds such as adultery, desertion, cruelty, conversion, and unsoundness of mind. The courts will consider various factors before granting a divorce and also provide for the division of assets and maintenance for the spouse who is not at fault.