Theme: Divorce for Hindus

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?

Just because your spouse did not intend to hurt you or harass you, does not mean that it is not an act of cruelty. The intention of your spouse does not matter. Unintentional acts also amount to cruelty. For example, if your husband has a habit of beating you under the influence of alcohol, the excuse of him not “intending” to beat you, will not matter – it would still be an act of physical cruelty and you can go to the Court to file for a divorce.

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

Courts look at all acts of cruel behaviour that happen during the marriage and after filing the divorce. Some of the common cases of cruelty which go to Courts are:

  • Demands of money or dowry leading to harassment and continuous ill-treatment which may happen before or after your marriage.
  • A spouse registering various criminal cases or filing frivolous/multiple cases against you, leading to harassment.
  • Getting advertisements and news published to hurt your reputation.
  • When a spouse does not have sexual relations with you for a long time.
  • Allegations of extramarital relationships.
  • Ill-treatment by in-laws.

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

Cruelty is not a singular or isolated act done by one of the spouses. It has to be of such a nature that it is recurring or continuing over a period of time. However, there may be cases where a single conduct is bad enough or is an illegal act such as domestic violence. In such cases, Courts may consider such acts as acts of cruelty and grant the divorce.

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

In a situation where the spouse who filed for divorce dies, the divorce proceeding would be discontinued and therefore you would be a widow, not a divorcee. A divorcee is a divorced person.

In a situation where you have filed for divorce and your husband dies, the divorce proceedings may not necessarily be discontinued because certain legal obligations continue after his death. Therefore, your case for divorce can continue and you may claim maintenance from the legal heirs of your husband. Depending on the decision of the court, you will not only be a widow but also a divorcee.

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?

Yes, the Court can order you to pay her temporary maintenance. It does not matter if she has earning capacity or not or whether she is qualified or not. If she does not have any source of income during the course of the proceedings, she can make an application for temporary maintenance and the Court can grant her the same.

Ending a marriage under Hindu Marriage Law

The law on marriage recognizes emotional and marital needs; this includes many legal obligations such as owning property, taking care of your children, etc. When you end your marriage, the marital relationship comes to an end. Some legal obligations may continue to exist.

Marital Relationship

The law understands a marital relationship to include:

  • Emotional Support
  • Sexual Relationship
  • Children and Domestic Responsibilities
  • Financial Support

Legal Obligations

You and your spouse have certain legal obligations throughout your marriage. Some of these obligations may continue even after a divorce takes place.

Examples of these legal obligations are:

Alimony or Maintenance

  • The Court may sometimes ask you to pay money to your spouse and this is a legal obligation you will have to incur after divorce. This is known as maintenance.

Parental Responsibility

  • The Court may decide who will have custody of your children and how to take care of them financially.

Filing for Divorce under Hindu Marriage Law

Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final.

If there has been a valid marriage you can file for a divorce. However, if the validity of your marriage is in question then you still have to approach the Court to separate legally through separation by annulment.

Approach a Court

You have to go to Court to file a divorce case. While the divorce case is going on, you will continue to have certain duties towards your spouse and children such as giving financial support to them.