Section 13 HMA enumerates the grounds on which either spouse in a Hindu marriage may petition for divorce, including cruelty, desertion, conversion, unsoundness of mind, venereal disease, renunciation of the world, and presumption of death. Under the Hindu Marriage Act, 1955, Section 13 provides the fault-based grounds for contested divorce, while Section 13B provides for divorce by mutual consent.
Legal definition
Section 13(1) of the Hindu Marriage Act, 1955 provides that a marriage solemnised under this Act may be dissolved by a decree of divorce on the following grounds:
(ia) Cruelty — that the other party has, after the solemnisation of the marriage, treated the petitioner with cruelty; (ib) Desertion — that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; (ii) Conversion — that the other party has ceased to be a Hindu by conversion to another religion; (iii) Unsoundness of mind — that the other 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 cannot reasonably be expected to live with the respondent; (iv) Venereal disease — that the other party has been suffering from a virulent form of venereal disease and the disease is communicable (the ground of leprosy was removed by the Personal Laws (Amendment) Act, 2019); (v) Renunciation — that the other party has renounced the world by entering any religious order; (vi) Presumption of death — that the other party has not been heard of as being alive for a period of seven years or more; (vii) No resumption of cohabitation — that there has been no resumption of cohabitation for a period of one year or upwards after the passing of a decree for judicial separation; (viii) No restitution of conjugal rights — that there has been no restitution of conjugal rights for a period of one year or upwards after the passing of a decree for restitution.
Section 13(2) provides additional grounds available only to the wife: the husband's bigamy, the husband's conviction for rape, sodomy, or bestiality, and non-cohabitation for one year after a maintenance order under Section 125 CrPC.
Section 13B provides for divorce by mutual consent, requiring both parties to have lived separately for at least one year and to jointly present a petition. After the 2023 Supreme Court decision in Shilpa Sailesh, the mandatory six-month waiting period under Section 13B(2) can be waived by the Supreme Court under Article 142.
How courts have interpreted this term
Shilpa Sailesh v. Varun Sreenivasan [(2023) 5 SCC 1]
A five-judge Constitution Bench held that the Supreme Court can directly dissolve a marriage under Article 142 on the ground of irretrievable breakdown, even without the mutual consent required under Section 13B, and can waive the mandatory six-month cooling-off period. This effectively created a judicial ground for divorce beyond those enumerated in Section 13.
Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]
The Supreme Court identified illustrative instances of mental cruelty under Section 13(1)(ia), including unilateral refusal to have intercourse, denial of access to children, false allegations of adultery, and persistent demands beyond means. The Court cautioned that cruelty must be assessed on the totality of circumstances and that what constitutes cruelty varies from case to case.
Bipin Chander Jaisinghbhai Shah v. Prabhawati [AIR 1957 SC 176]
The Supreme Court held that desertion under Section 13(1)(ib) requires two essential elements: the factum of separation and the animus deserendi (intention to permanently desert). A spouse who is driven out by the other's conduct is not guilty of desertion — the spouse whose conduct caused the departure is the deserting spouse (constructive desertion).
Why this matters
Section 13 HMA forms the foundation of divorce jurisprudence for Hindus, Buddhists, Sikhs, and Jains in India. Understanding these grounds is essential because Indian law does not recognise no-fault unilateral divorce — a petitioner must prove one of the enumerated grounds unless both parties consent under Section 13B.
The most commonly invoked ground is cruelty under Section 13(1)(ia), which encompasses both physical and mental cruelty. Courts have progressively expanded the concept of mental cruelty to include persistent verbal abuse, false criminal complaints, denial of conjugal relations, and economic deprivation. The second most common ground is desertion under Section 13(1)(ib), which requires proof of both physical separation and intention to permanently abandon the marriage.
The Shilpa Sailesh decision in 2023 transformed the landscape by allowing the Supreme Court to dissolve marriages on the ground of irretrievable breakdown under Article 142, even when neither Section 13 ground is strictly established. While this power is exercised only by the Supreme Court and on a case-by-case basis, it provides an important safety valve for marriages that have broken down beyond repair but where the technical requirements of Section 13 are difficult to prove.
Related terms
Broader concepts:
Specific grounds:
Related concepts:
Frequently asked questions
What is the most common ground for divorce under Section 13 HMA?
Cruelty under Section 13(1)(ia) is the most frequently invoked ground. It includes both physical violence and mental cruelty such as persistent verbal abuse, false criminal complaints, denial of conjugal relations, unilateral decisions regarding children, and conduct that makes it impossible for the petitioner to reasonably live with the respondent.
How long must desertion last to be a ground for divorce?
Under Section 13(1)(ib), the respondent must have deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. Both physical separation and the intention to permanently abandon the marriage must be proved.
Can a wife file for divorce on grounds not available to the husband?
Yes. Section 13(2) provides grounds available exclusively to the wife, including: the husband practising bigamy (marrying again during the subsistence of the first marriage), the husband's conviction for rape, sodomy, or bestiality, and non-resumption of cohabitation for one year after a maintenance order under Section 125 CrPC.
Is irretrievable breakdown a ground for divorce under Section 13?
Not as a statutory ground. Section 13 does not list irretrievable breakdown as a ground for divorce. However, the Supreme Court in Shilpa Sailesh v. Varun Sreenivasan (2023) held that it can exercise its power under Article 142 of the Constitution to dissolve a marriage on this ground in the interests of complete justice, even without mutual consent.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.