The Legal Evolution Of Dissolution: An Analysis Of Divorce Under The Hindu Marriage Act, 1955
- IJLLR Journal
- Dec 30, 2025
- 2 min read
Rudra Pratap Singh, IILM University, Greater Noida
I. ABSTRACT
The Hindu Marriage Act of 1955 marks an important change in Hindu personal law. It shifts the view of marriage from a religious sacrament to a civil institution regulated by law. Before this law, Hindu legal practices mainly denied divorce, causing significant social and legal difficulties, especially for women. This paper examines the divorce laws outlined in the Hindu Marriage Act, looking at its historical context, legislative purpose, and underlying principles.
The study looks at the different grounds for divorce specified in the Act. These include fault-based reasons under Section 13(1), special protective grounds for women under Section 13(2), divorce based on failure to reconcile under Section 13(1A), and the introduction of mutual consent divorce under Section 13B. It also discusses the procedural protections included in the Act and the additional support related to maintenance, custody, and property, which show the Act’s commitment to social justice.
Focus is on how judicial interpretation has influenced modern divorce law. By broadly interpreting ideas like mental cruelty and using extraordinary powers under Article 142 to allow divorce due to the irretrievable breakdown of marriage, the courts have updated the way the Act is applied. The paper ends by noting the lack of irretrievable breakdown as an official reason for divorce as a significant gap and argues for changes in law to include this concept. This would help ensure that the legal framework reflects constitutional values, judicial agreement, and current social realities.
This analysis shows that while the Hindu Marriage Act of 1955 has improved marriage justice, its ongoing relevance relies on its ability to adapt to changing social norms and uphold individual dignity as required by the constitution.
