If you have been married under Hindu law, the same law will govern your divorce. You can divorce your spouse only based on the reasons in that law. It is harder to seek a divorce simply only on the grounds that you no longer wish to remain married.

Divorce for Hindus

This explainer discusses the various laws governing divorce for Hindu marriage and the conditions under which a spouse can file for the same. It primarily deals with the law laid out in the Special Marriage Act, 1954, Hindu Marriage Act, 1955 and court judgements.

FAQs

I am being harassed in my arranged marriage. What can I do?

Pre-Nup

My husband has filed for divorce on the grounds that I have deserted him. However, the truth is that I was forced to leave and go to my parents house because he was physically abusing me. What can I do under Hindu law?

Are there any reasons for Hindu divorce that are solely available to women?

What do Courts consider as a ‘valid Hindu marriage’ before granting a divorce?

What does marital relationship under Hindu law mean? How does Hindu law understand a marital relationship?

Which Court do you approach to file your case for Hindu divorce?

Do Courts use video conferencing during a Hindu divorce case?

Are Hindu divorce proceedings held in private?

My husband converted to Islam from Hinduism. Can I file a divorce case against him? If yes, what law will apply, Hindu Law or Muslim Law?

If my husband suffers from leprosy, can I divorce him under Hindu law?

Will the mediator tell the Court or the lawyers about what I said during the mediation?

What is the difference between mediation and conciliation?

I moved to Australia for a job assignment in January 2016, but my wife chose to stay in India. We both discussed this arrangement and consented to it. Now she is filing for divorce claiming that I deserted her, but my intention was never to do so. Can I object to the divorce? Is her reason a valid one in Hindu law?

I cheated on my spouse, will I go to jail under Hindu law?

What will the Court take into consideration while finally deciding a divorce case for Hindu marriage?

My husband keeps coming to my office and harassing me at work in front of my employer. Can I file for a divorce under Hindu law?

When I ask the Court for maintenance for me and my child, can I ask for something else apart from money under Hindu law?

Can I file for a divorce simply because my marriage is not working out under Hindu law?

What will happen to my children after divorce under Hindu law?

Can a husband file for maintenance against the wife under Hindu law?

If my husband did not intend to behave in a cruel manner with me, can I still go to Court to file a case of cruelty under Hindu law?

What are some examples of cruel behaviour that Courts have looked at under Hindu law?

Can the act of cruelty be an isolated incident under Hindu law?

Do Hindus have a separate law for divorce or is it the same as all religions?

What is my marital status if my husband dies during the divorce proceeding under Hindu law?

My wife is a qualified dentist but isn’t currently working. Can the Court still order me to pay her temporary maintenance for the course of the divorce proceedings under Hindu law?

I’m about to divorce. address on my ids like adhar card voter id, pan and ration card is of my husband’s house. How can I change it to my parental address?