Irretrievable breakdown of marriage refers to a situation where either one or both spouses are unable to live together anymore without anyone being at fault. It is not yet a ground for divorce under HIndu law in order to protect the institution of marriage. However, some courts have accepted it as a ground for divorce.

When can you file for a Hindu Divorce?

Last updated on Jun 1, 2022

You can only file a divorce case if you have a reason recognized by Hindu law. These reasons can vary from ill-treatment by your spouse to your spouse suffering from a mental disorder.

In India, the law provides for specific reasons under which you can file for a divorce.


  • When your spouse has been cruel towards you.
  • When your spouse has had sexual intercourse with another person.
  • When your spouse has left you.


  • When your spouse is suffering from a venereal disease that can be spread to you.
  • When your spouse has a mental disorder.

Absence of Spouse

  • When your spouse has withdrawn from you.
  • When your spouse has been presumed to be dead for 7 years or more.
  • When your spouse has renounced the world by entering any religious order.
  • When you and your spouse have not gotten back together for more than a year, even after a decree for judicial separation was passed by the Court.
  • Even after the Court has passed an order asking you or your spouse to resume your marital obligations, it hasn’t been done for over one year.


  • When your spouse has converted to another religion.

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Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

One Spouse wants a divorce under Hindu Marriage Law

Sometimes in a marriage you may want a divorce due to certain circumstances. You can file for divorce only after one year of marriage.

Conversion of religion from Hinduism

You can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu.

Temporary Separation in Hindu Marriages

Apart from divorce, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.

Proof of Divorce under Hindu Marriage Law

The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order.

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