Which one of the following is not a ground for divorce as per the Hindu Marriage Act, 1955?
Under Section 13(1) of the Hindu Marriage Act, 1955, voluntary sexual intercourse outside marriage/adultery (clause (i)), cruelty including mental cruelty (clause (ia)), and…
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Which one of the following is not a ground for divorce as per the Hindu Marriage Act, 1955?
Answer and explanation
Correct answer D
Under Section 13(1) of the Hindu Marriage Act, 1955, voluntary sexual intercourse outside marriage/adultery (clause (i)), cruelty including mental cruelty (clause (ia)), and desertion for at least two years (clause (ib)) are express statutory grounds for divorce. 'Irretrievable breakdown of marriage' has not been enacted as a statutory ground under the Hindu Marriage Act, 1955 (though the Supreme Court can invoke Article 142 of the Constitution to grant a decree of divorce on that basis).
Option feedback
Option A
Incorrect. Desertion for a continuous period of not less than two years immediately preceding the presentation of the petition is a statutory ground for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Option B
Incorrect. Cruelty (including mental cruelty) is a statutory ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Option C
Incorrect. Voluntary sexual intercourse with any person other than his or her spouse (adultery) is a statutory ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955.
Option D
Correct. Irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955 (though the Supreme Court may dissolve a marriage on that ground in exercise of its plenary constitutional power under Article 142, as held in Shilpa Sailesh v. Varun Sreenivasan, (2023) 14 SCC 231).
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