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An individual can seek divorce under Section 13 of the Hindu Marriage Act, 1955, if after solemnisation of marriage the spouse does any of the following acts:-

  • Voluntary sexual intercourse with any person other than his or her spouse
  • Treats the aggrieved individual with cruelty, this includes mental emotional and physical abuse.
  • Has deserted the petitioner for a period of not less than 2 years.
  • Has ceased to be a Hindu and adopted another faith.
  • Spouse is of unsound mind and or intermittently suffers from mental disorder
  • If the spouse suffers from virulent and incurable form of leprosy
  • If the spouse suffers from venereal disease in communicable form.
  • Has renounced the world by entering any religious order;
  • Spouse is missing and it is unknown whether the spouse has been alive for 7 years.
  • If the couple have not resumed cohabitation for a period of 1 year since judicial separation or a decree of restitution of conjugal rights.