According to Section 13 of the Hindu Marriage Act, 1955, any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either spouse, be dissolved by a decree of divorce on any of the following grounds:

1. the other spouse has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse
2. the other spouse has, after the solemnization of the marriage, treated the petitioner with cruelty
3. the other spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition
4. the other spouse has ceased to be a Hindu by conversion to another religion

5. the other spouse has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. “Mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia; and “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment
6. the other spouse has been suffering from a virulent and incurable form of leprosy
7. the other spouse has been suffering from veneral disease in a communicable form
8. the other spouse has renounced the world by entering any religious order
9. the other spouse has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive. “Desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on any of the following grounds:

1. that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties
2. that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.

A wife may also present a petition for the dissolution of her marriage by a decree of divorce on any of the following grounds:

1. in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner provided that in either case the other wife is alive at the time of the presentation of the petition
2. that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality
3. that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, or under corresponding Section 488 of the Code of Criminal Procedure, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards
4. that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Law (Amendment) Act, 1976.

Section 26 of the Hindu Marriage Act says the Court may, from time to time, pass interim orders and make provisions in the decree as it deems are just and proper with respect to the custody, maintenance and education of minor children in any proceeding under the Hindu Marriage Act (of divorce, judicial separation, etc.).

This is done taking the wishes of the children into consideration wherever possible.

The Court may also from time to time make all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders after the decree. This is done upon application by petition for the purpose.

Further, the Court may from time to time revoke, suspend or vary any such orders and provisions it had previously made.

Earlier, the trend was to grant custody of minor children to their mother. However, in recent years, Courts have become far more flexible and there are an increasing number of cases where the father is granted custody. In one such case, that of Mausami Moitra Ganguli v. Jayant Ganguli, 2008, which although not filed under the Hindu Marriage Act, the Supreme Court held that the child’s welfare is the primary factor in deciding in whose custody the child should be place.

The Hindu Marriage Act does not say very much with regard to the disposal of property in a proceeding under the Act for divorce, judicial separation or otherwise.

Section 27 of the Act merely gives the Court the discretionary power to make provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the wife.

Section 22 of the Hindu Marriage Act says that every proceeding under the Act (of divorce, judicial separation, restitution of conjugal rights etc.) is to be conducted in camera and it is not be lawful for any person to print or publish any matter in relation to the proceeding.

However, a judgment of a High Court or of the Supreme Court may be printed or published with the previous permission of the Court.

If any person violates the provisions of this Section, he shall be punishable with fine which may extend to one thousand rupees.