Divorce Under Hindu Marriage Act: Rules, Evidence, and What Comes Next

When a marriage breaks down under the Divorce Under Hindu Marriage Act, the legal framework governing Hindu marriages in India, including grounds for divorce, custody, and property division. Also known as Hindu Marriage Act, 1955, it is the primary law that lets Hindus, Buddhists, Jains, and Sikhs legally end their marriage. Unlike no-fault divorce systems elsewhere, India’s law requires you to prove one of five specific grounds: adultery, cruelty, desertion, conversion to another religion, or mental disorder. There’s also the option of mutual consent, which is faster and less hostile—but still needs paperwork, waiting periods, and court approval.

Proving any of these grounds isn’t easy. For example, proving sexless marriage, a recognized ground for divorce under Section 13(1)(ia) when sustained for over a year and shown to be intentional. Also known as constructive desertion, it requires medical reports, communication records, witness statements, and sometimes even testimony from family members. Courts don’t accept vague claims. You need dates, patterns, and evidence. The same goes for cruelty—it’s not just yelling. It’s repeated emotional abuse, threats to life, forced isolation, or denying basic needs. And if your spouse converted to another faith, you need official documentation, not just a claim. These aren’t theoretical concepts. They’re real legal hurdles that people face every day in family courts across India.

What happens after you file? The law doesn’t just end the marriage—it handles what comes after. alimony, the financial support one spouse pays to the other after divorce, based on income, living standards, and duration of marriage. Also known as maintenance, it can be lump-sum or monthly, and courts often consider who earned more, who stayed home to raise kids, and who needs help to rebuild. Property isn’t automatically split 50-50. If the home is in your name, you might keep it. If it’s joint, the court decides based on contribution and need. And if kids are involved? Custody isn’t automatic for the mother. Courts look at who’s been the primary caregiver, the child’s stability, and even the child’s own wishes if they’re old enough.

Many people think divorce is a quick exit. It’s not. The process takes months, sometimes years. You’ll need a lawyer who knows how to collect evidence, how to talk to judges, and how to avoid common traps—like signing away rights in a hurry or missing deadlines. The posts below cover exactly that: how to prove a sexless marriage, what you lose financially, who suffers most after separation, and how to remarry legally after divorce. No fluff. No theory. Just what you need to know before, during, and after filing under the Hindu Marriage Act.