Grounds and Procedure of Divorce under Hindu Marriage Act: A Special Reference to Cruelty

Abstract

An uncodified Hindu Law did not recognize divorce. Even it was unknown to the old textual Hindu Law. The reason was that the marriage was considered as sacrament not a contract. The divorce was not recognized unless it was allowed by the custom. However, with the passing of Hindu Marriage Act, vital and dynamic changes has been brought in the marriage laws of Hindus by introducing section 13 wherein the grounds of divorce have been prescribed. The primary object of the Hindu marriage act is to preserve and protect the Hindu marriages, rather than allow it to disintegrate. The dissolution of marriage is permitted only on the substantial grounds.