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Grounds for Divorce in India: Contested Divorce Under HMA

When one spouse wants a divorce and the other does not agree, the law asks for a ground. Here are the grounds recognised by the Hindu Marriage Act and the Special Marriage Act, and what a contested case usually involves.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

When a divorce is contested

If both spouses agree, they can seek divorce by mutual consent. If they do not, the spouse who wants to end the marriage files a petition on one or more grounds set out in the law, and must prove them before the family court. The other spouse can oppose the petition, and the court decides on the evidence.

Grounds open to either spouse under the HMA

Section 13(1) of the Hindu Marriage Act, 1955 lets a husband or wife seek divorce where the other spouse:

• has, after the marriage, had voluntary sexual intercourse with someone other than the spouse (adultery);
• has treated the petitioner with cruelty, which courts read to include mental cruelty;
• has deserted the petitioner for a continuous period of not less than two years immediately before the petition;
• has ceased to be a Hindu by converting to another religion;
• has been incurably of unsound mind, or has been suffering from mental disorder of such a kind and degree that the petitioner cannot reasonably be expected to live with them;
• has been suffering from venereal disease in a communicable form;
• has renounced the world by entering a religious order;
• has not been heard of as being alive for seven years or more by those who would naturally have heard of them.

Leprosy used to be on this list. The Personal Laws (Amendment) Act, 2019 removed it from the Hindu Marriage Act and several other personal laws.

Grounds after an earlier decree

Section 13(1A) lets either spouse seek divorce where there has been no resumption of cohabitation for one year or more after a decree of judicial separation, or no restitution of conjugal rights for one year or more after a decree for restitution of conjugal rights.

The wife's additional grounds

Section 13(2) gives a wife further grounds:

• the husband had another living wife from before the commencement of the Act (an old-marriage situation, rarely seen now);
• the husband has, since the marriage, been guilty of rape, sodomy or bestiality;
• a maintenance decree or order was passed in her favour and cohabitation has not resumed for one year or more since then;
• her marriage took place before she turned fifteen and she repudiated it after fifteen but before eighteen.

Under the Special Marriage Act

Section 27 of the Special Marriage Act, 1954 sets out similar grounds for court and inter-faith marriages, including adultery, desertion for at least two years, cruelty, unsound mind, communicable venereal disease and not being heard of for seven years. It also includes a spouse serving a sentence of imprisonment of seven years or more for certain offences. Section 27(1A) gives the wife additional grounds similar to those in the HMA.

The one-year rule

Section 14 of the HMA says a divorce petition cannot ordinarily be presented within one year of the marriage. The court may allow an earlier petition on the ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.

How a contested case usually runs

• Petition filed in the family court with the grounds and facts.
• Notice to the other spouse, who files a written statement.
• Reconciliation and mediation: family courts are required to try to settle matrimonial disputes, and many cases are referred to mediation. A number of contested cases end up converting to mutual consent at this stage.
• Interim applications, often for maintenance and custody while the case is pending.
• Evidence: each side's witnesses and documents, with cross-examination.
• Arguments and decree, followed by the right to appeal.

Timelines

There is no fixed timeline. A contested divorce often takes considerably longer than a mutual consent one, and how long depends on the court's workload, the number of witnesses, interim applications and whether there are connected criminal or maintenance cases. Treat any precise "average duration" you see online with caution.

Proving the ground

The burden is on the spouse who files. Cruelty and desertion are fact-heavy, so keep records: messages, medical papers, police complaints, witnesses and proof of when you began living apart. The court also checks that the petitioner is not taking advantage of their own wrong and that the petition is not collusive.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• Hindu Marriage Act, 1955 (India Code)
• Special Marriage Act, 1954 (India Code)
• Personal Laws (Amendment) Act, 2019: leprosy omitted as a ground (PRS India)
• Bar & Bench: divorce allowed where restitution decree is not obeyed for a year
• NALSA: free legal aid and helpline 15100

After marriage: more

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