Who the Act applies to
The Hindu Marriage Act, 1955 applies to Hindus, and by definition also to Buddhists, Jains and Sikhs. It governs marriages solemnised between two persons to whom the Act applies, whether or not the marriage was registered.
Where one spouse is of a different faith and the marriage was solemnised under the Special Marriage Act, that statute governs the divorce instead. Marriages under Muslim, Christian and Parsi law each have their own framework. Establishing which statute applies is the first step, because it determines the grounds available and the court’s jurisdiction.
The grounds under Section 13
A contested petition must be founded on a statutory ground and proved with evidence. Dissatisfaction with the marriage, however genuine, is not itself a ground.
Mutual consent under Section 13B
Where both spouses agree, a joint petition may be filed on the ground that they have been living separately for a year or more and have agreed the marriage should be dissolved. The court records statements, then ordinarily waits a statutory period of six months before the second motion.
The Supreme Court has held that this waiting period is not mandatory in every case and can be waived where the separation has been long and reconciliation is genuinely not possible. We cover when a waiver is realistic on our timeline and waiver page.