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Regarding matrimonial disputes and family matters, there is often a common belief in the society that matrimonial laws are completely one-sided and only the wife can file a divorce petition with force. However, this is not at all the case in the Indian legal system. The family law of the country is based on the principles of gender equality. Under Section 13(1) of the Hindu Marriage Act, 1955, both husband and wife have equal legal right to demand divorce. If marital life becomes unbearable and all possibilities of reconciliation are lost, the husband can also file a divorce petition in the Family Court using concrete grounds mentioned in the law.
‘Cruelty’ is the strongest and most common ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act. The Supreme Court has made it clear in many of its historical decisions that cruelty is not limited to physical violence only, but mental torture is also a major part of it:
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Undue pressure to live separately from parents: Constantly pressurizing the husband to leave his elderly parents without any solid reason.
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Threat of false criminal cases: Threatening to implicate in a false case of dowry harassment (section 85/86 of BNS or earlier IPC 498A) or domestic violence is considered mental cruelty.
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Disrespectful behaviour: Assaulting or humiliating the character of the husband, his family members or his workplace in public.
If the wife has left her husband to her maternal home or somewhere else without any just and reasonable reason and has been living separately for at least 2 years continuously, then the husband can file a divorce petition under Section 13(1)(ib). For this, two conditions must be fulfilled: first, there should be an intention by the wife to completely abandon marital obligations (Animus Deserendi), and second, no valid reason should be given by the husband for abandoning her.
After marriage, if the wife, of her own free will, has physical or extra-marital relations with any person other than the husband, then this is a complete ground for divorce. Although the Supreme Court has decriminalized adultery, it is still considered a very solid civil ground for divorce in family law. For this, the husband has to present digital evidence, call details, messages or direct evidence before the court.
If after marriage the wife has renounced Hindu, Sikh, Jain or Buddhist religion (which are covered under the Hindu Marriage Act) and adopted any other religion (such as Islam or Christianity), then the husband can seek divorce under Section 13(1)(ii). Along with religious conversion, it has a direct impact on the marital contract.
If the wife is suffering from any serious mental illness, incurable schizophrenia or persistent mental illness, due to which it has become impossible for the husband to live a normal married life or cohabit with her, then the husband can claim divorce under Section 13(1)(iii). For this, medical report from an authorized medical board and psychiatrist is mandatory.
If the wife is suffering from any serious and contagious venereal disease, the information of which was hidden at the time of marriage or which poses a serious threat to the husband’s health, then this also becomes a valid ground for divorce by law.
If the wife has completely renounced worldly life, marital responsibilities and material pleasures and has taken initiation into any religious or ascetic sect and has assumed sannyasa, the husband can seek dissolution of the marriage under Section 13(1)(vi).
If the wife suddenly goes missing and for 7 consecutive years no information about her being alive has been received from those who would have naturally heard about her under normal circumstances (like parents, relatives etc.), then the law considers her dead. In such a situation the husband can obtain a divorce decree from the family court.
Apart from these statutory grounds, the Supreme Court has the privilege under Article 142 of the Constitution of India that if a marital relationship has broken down to an extent where there is no scope for reconciliation (Irretrievable Breakdown of Marriage), then the Court can grant instant divorce, relieving both the parties from lengthy litigation.
Just making allegations in the Family Court is not enough, it is necessary to have documentary proof of everything:
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Keep digital evidence safe: Secure threatening WhatsApp chats, emails, call recordings and audio-video clips and get their certificate prepared (Section 63 BSA / 65B Evidence Act).
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Copies of Police Complaints: If there is any dispute or threat by the wife or her maternal family, then keep a copy of her GD entry or written complaint made in the local police station.
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Records of financial transactions: Keep complete details of your bank statements and expenses transparent so that the actual situation remains clear while deciding maintenance.