Advocate Priyanka Chopade
Under Hindu Marriage Act, 1955 both husband and wife have right to dissolved their marriage by a decree of divorce on the ground more specifically mentioned in sec 13 of Hindu Marriage Act, 1955. Under this provision of this Act either party can seek divorce in following two ways.
When either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and innocent party. In this type of divorce only innocent party can seek a remedy of divorce. Sec 13 of Hindu Marriage Act 1955 mentioned it clearly.
In another, divorce by mutual consent. In this divorce parties can dissolved their marriage by free will. Sec 13(b) mentioned it clearly.