Divorce under Hindu Law | Section 13 HMA | Hindu Marriage Act 1955 || Hindu Law || Family Law
Divorce under Section 13 of the Hindu Marriage Act, 1955 is one of the most important matrimonial remedies under Hindu Family Law. It brings a permanent end to the marital tie and legally dissolves the relationship between husband and wife. Understanding divorce under HMA 1955 is essential for LLB students, Judiciary Aspirants, UGC NET Law candidates, CLAT PG, CUET PG Law, and UPSC Law Optional students because this topic forms the core of Hindu matrimonial remedies and is asked repeatedly in exams. In this lecture, I have explained in detail the meaning, scope and legal grounds of divorce under Hindu Law, covering both fault theory (Section 13(1)), breakdown theory (Section 13(1-A)), mutual consent theory (Section 13B) and additional grounds available only to wife (Section 13(2)). The class also includes landmark cases like Narayan Ganesh Dastane v. Sucheta Dastane (1975) and Naveen Kohli v. Neelu Kohli (2006) along with a clear and structured understanding of Sections 13, 13(1), 13(1A), 13(2), 13B, 14 and 15 of the HMA 1955. ✅ In This Lecture You Will Learn: 🔹 Concept and Meaning of Divorce under Hindu Marriage Act, 1955 🔹 Section 13(1) – Fault Theory (Grounds of Divorce for Husband & Wife): 📘 Adultery – Section 13(1)(i) 📘 Cruelty – Section 13(1)(i-a) 📘 Desertion – Section 13(1)(i-b) 📘 Conversion – Section 13(1)(ii) 📘 Unsoundness of Mind – Section 13(1)(iii) 📘 Venereal Disease – Section 13(1)(v) 📘 Renunciation of the World – Section 13(1)(vi) 📘 Presumption of Death – Section 13(1)(vii) 📘 Case: Narayan Ganesh Dastane v. Sucheta Dastane (1975) 🔹 Section 13(1-A) – Breakdown Theory (Available to Both Spouses) 📘 Divorce after judicial separation 📘 Divorce after decree of restitution of conjugal rights 📘 Case: Naveen Kohli v. Neelu Kohli (2006) – Breakdown of marriage doctrine 🔹 Section 13(2) – Additional Grounds Available Only to Wife ✔️ Husband has another wife living (Bigamy) ✔️ Husband is guilty of rape, sodomy or bestiality ✔️ Repudiation of marriage (in case of child marriage) ✔️ Husband not maintaining wife 🔹 Section 13B – Divorce by Mutual Consent 📘 Essentials of mutual consent 📘 Cooling off period 📘 Second motion 🔹 Section 14 HMA – When Parties Can File Divorce Petition 📘 One year bar 📘 Exceptional hardship rule 🔹 Section 15 – When Divorced Parties Can Remarry 📘 Finality of decree 📘 Appeal period ⚖️ Concept Overview: Divorce under Hindu Law is based on three major theories: 1. Fault Theory – Section 13(1) 2. Breakdown Theory – Section 13(1-A) 3. Mutual Consent Theory – Section 13B This lecture clearly connects divorce with other matrimonial remedies such as judicial separation (Section 10), restitution of conjugal rights (Section 9) and void/voidable marriages (Sections 11 & 12). It also prepares students to write perfect theoretical answers with case laws + sections + conceptual clarity for examinations. 🎯 Why This Video Is Important for You: ✔️ Covers all divorce sections under HMA 1955 in a structured and exam-oriented manner ✔️ Includes landmark cases for scoring extra marks ✔️ Explains fault theory, breakdown theory & mutual consent theory in simple language ✔️ Helps in university exams, judiciary mains, UGC NET, CLAT UG & CLAT PG ✔️ Provides conceptual clarity + bare act + practical understanding 👩⚖️ This Video Is Especially Useful For: ✔️ LLB Students (3-year & 5-year) ✔️ BA LLB / BBA LLB Aspirants ✔️ Judiciary Aspirants (Civil Judge, APO, ADA) ✔️ UGC NET Law Candidates ✔️ CLAT PG & CUET PG Law Aspirants ✔️ Anyone preparing for Hindu Law & Family Law ======================================================= ⏰ Chapters ⏰ 00:00 Introduction – Meaning of Divorce under Hindu Law 00:06 Concept of Divorce under HMA 1955 02:17 Grounds of Divorce – Section 13(1) HMA 02:42 Adultery 03:18 Cruelty 04:16 Dastane v. Dastane 05:12 Desertion 07:29 Conversion 07:39 Unsoundness of Mind 08:32 Venereal Disease 08:59 Renunciation of the World 09:20 Presumption of Death 09:52 Breakdown Theory – Section 13(1A) 10:32 Naveen Kohli v. Neelu Kohli (2006) 11:00 Additional Grounds for Wife – Section 13(2) 12:03 Divorce by Mutual Consent – Section 13B 13:19 When Parties Can File Divorce – Section 14 13:43 When Divorced Parties Can Remarry – Section 15 14:20 Law Classes 📺 Related Playlists for You 📌 Hindu Law Playlist – • Hindu Law 📌 Law of Tort Playlist – • Law of Tort 📌 Contract Law Playlist – • Indian Contract Act, 1872 || Law of Contract 📌 Jurisprudence Playlist – • Jurisprudence Judicial Seperation – • Judicial Separation Section 10 || Hindu Ma... ✅ Stay Connected for Law Content & Classes 🔹 Telegram – https://t.me/ContactDSLaw #HinduMarriageAct #HinduLaw #FamilyLaw #LegalEducation
