Question

Aarti and Rajesh have been married for five years. Over time, Aarti has been subjected to continuous cruelty by Rajesh, which has led to emotional and mental distress. Aarti decides to file for divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Which of the following statements is true regarding the grounds for divorce under the Hindu Marriage Act?

• A. Aarti can only seek divorce on the grounds of adultery.
• B. Aarti can seek divorce on the grounds of cruelty, as long as she proves mental or physical cruelty.
• C. Aarti cannot seek divorce on the grounds of cruelty as it is not recognized under the Hindu Marriage Act.
• D. Aarti must prove Rajesh’s cruelty was intentional to succeed in the divorce petition.

Answer 1

The Correct Option is B

Section 13(1)(ia) of the Hindu Marriage Act, 1955 recognizes ”cruelty” as a ground for divorce. Cruelty can be mental or physical and does not necessarily require proof of intentional harm. If Aarti can prove that she has been subjected to continuous cruelty by Rajesh, which has caused her mental or physical distress, she can file for divorce on this ground.