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show that the respondent has treated him/her with cruelty, divorce can be granted to the
petitioner.
Long period of desertion is another valid ground for divorce under which divorce can be
granted if the respondent has deserted the petitioner for a continuous period of not less than
two years.
Another variation of the above ground is long term disappearance. If the respondent has not
been not heard of as being alive for a period of seven years or more, then the petitioner has
just cause for seeking a divorce.
Conditions where the mental and physical illness of a spouse are significantly hampering the
well­being of the petitioner or that of the marriage are also justifiable grounds for seeking
divorce under the Hindu Marriage Act. One of these is that a situation where the respondent
has been incurably of unsound mind and in such a case, a decree of divorce may be granted
to the petitioner.
Sixthly, if the respondent has been suffering from virulent and incurable form of leprosy, the
petitioner may again be granted divorce.
Since sexual relations are an essential part of marriage, a divorce may be granted to the
petitioner if it can be proved that the respondent has been suffering from venereal disease in
a communicable form.
Again because a marriage implies conjugal responsibility on both parties, a petitioner can be
granted a divorce if respondent has renounced the world by entering any religious order.
Lastly, a petitioner can also seek a divorce if the respondent has ceased to be a Hindu.
4.11 Divorce by mutual consent under Special Marriage Act,
1954
Section 13B of the HMA Act 1955 provides for divorce by mutual consent. period of
separation is 1 year)
Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.
Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of
separation is 2 years)
The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally
collapsed, Hence marriage should be dissolved.
Under these circumstances a Divorce by Mutual consent can be filed.