Property Law July 13, 2026 6 min read

Hindu Marriage Act Section 13 | Grounds for Divorce Kolkata

Complete guide to divorce under Section 13 Hindu Marriage Act 1955. Grounds including cruelty, desertion, adultery.

Hindu Marriage Act Section 13 - Grounds for Divorce Kolkata 2025

Introduction – Divorce Under Section 13 of Hindu Marriage Act

Section 13 of the Hindu Marriage Act, 1955 provides the grounds on which either spouse can seek dissolution of marriage by a decree of divorce. The Act applies to Hindus, Buddhists, Jains, and Sikhs. Divorce under Hindu law can be contested (based on fault grounds under Section 13) or by mutual consent under Section 13B. In Kolkata, divorce petitions are filed before the Family Courts established under the Family Courts Act, 1984. This comprehensive guide explains the grounds for divorce under Section 13, the procedure for filing, evidence required, and the role of a divorce lawyer in Kolkata.

Grounds for Divorce Under Section 13

1. Adultery (Section 13(1)(i))

If the respondent has voluntarily had sexual intercourse with any person other than the petitioner after the marriage, the petitioner can seek divorce on the ground of adultery. The petitioner must prove the adulterous relationship on a balance of probabilities. Direct evidence of adultery is rarely available, and courts often rely on circumstantial evidence.

2. Cruelty (Section 13(1)(i-a))

If the respondent has treated the petitioner with cruelty after the marriage, divorce can be sought. Cruelty includes both physical and mental cruelty. Physical cruelty involves bodily harm or apprehension of harm. Mental cruelty includes verbal abuse, humiliation, constant nagging, false accusations, denial of marital relationship, and conduct that causes mental suffering and makes it impossible for the parties to live together. The Supreme Court has defined cruelty as conduct that creates a reasonable apprehension in the petitioner's mind that it would be harmful or injurious to live with the respondent.

3. Desertion (Section 13(1)(i-b))

If the respondent has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the petition, divorce can be sought. Desertion means the voluntary abandonment of the other spouse without reasonable cause and without consent. Both the factum of separation (physical separation) and animus deserendi (intention to permanently desert) must be proved.

4. Conversion (Section 13(1)(ii))

If the respondent has ceased to be a Hindu by conversion to another religion, the petitioner can seek divorce.

5. Unsoundness of Mind (Section 13(1)(iii))

If the respondent 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, divorce can be sought. Medical evidence is required.

6. Leprosy and Venereal Disease (Section 13(1)(iv)-(v))

Divorce can be sought if the respondent has been suffering from a virulent and incurable form of leprosy or venereal disease in a communicable form. Medical evidence is required.

7. Renunciation of World (Section 13(1)(vi))

If the respondent has renounced the world by entering any religious order, the petitioner can seek divorce.

8. Presumption of Death (Section 13(1)(vii))

If the respondent has not been heard of as being alive for a period of 7 years or more, the petitioner can seek divorce by producing evidence of the presumption of death.

9. No Resumption of Cohabitation After Decree (Section 13(1A))

If a decree for restitution of conjugal rights has been passed and there has been no resumption of cohabitation for at least 1 year, or if a decree for judicial separation has been passed and there has been no resumption of cohabitation for at least 1 year, either spouse can seek divorce.

Procedure for Filing Divorce Under Section 13

Step 1: Consult a Divorce Lawyer

Consult an experienced family lawyer in Kolkata who can assess the grounds available, advise on the strength of your case, and guide you through the procedure.

Step 2: Gather Evidence

Collect all evidence supporting the ground(s) for divorce. For cruelty: medical reports, photographs, messages, emails, call recordings, witness statements. For desertion: proof of separation for 2 years, correspondence showing intention. For adultery: hotel registers, photographs, witness statements, private investigator reports. For mental illness: medical records, psychiatric reports.

Step 3: Attempt Mediation/Counselling

Family Courts in Kolkata encourage mediation and counselling before proceeding to trial. The court may refer the matter to mediation or counselling to explore reconciliation.

Step 4: File the Divorce Petition

Your lawyer files the divorce petition before the Family Court with jurisdiction over the area where the marriage was performed or where the parties last resided together. The petition contains facts, grounds, and prayer for dissolution.

Step 5: Court Proceedings

The court issues notice to the respondent who must file a written statement. The court examines the parties, records evidence, hears arguments, and passes judgment. If grounds are proved, a decree of divorce is granted. If not proved, the petition is dismissed.

Defences to Divorce Petition

The respondent can defend the divorce petition by denying the alleged grounds, condonation (forgiveness of the matrimonial offence after knowledge), collusion (agreement between parties to fabricate grounds), or taking the defence of the petitioner's own conduct (recrimination). Under Section 23 of the Act, the court must be satisfied that the petitioner is not taking advantage of their own wrong.