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Significance Of Hindu Marriage Act For Female For Divorce

  • Writer: lead India
    lead India
  • May 5, 2023
  • 3 min read

In Indian culture, gender discrimination is nothing new. Today, there are still many crimes against women that go unpunished. The government has implemented important legal adjustments to ensure equal treatment for women in this situation.


The government has established a number of legislation emphasizing the advancement of women in traditionally male-dominated fields. One such piece of law is the Hindu Marriage Act of 1955. A number of changes have been made to this Act's rules to make them fully gender-sensitive.


According to an assessment of this legislation, women have benefited more from it than they would have in the case of problems associated with traditional marriage. Since then, other court decisions have eliminated conventional gender bias.

How is Divorce Beneficial for Females under the Hindu Marriage Act?

  • Adultery- It is the act of starting a sexual connection with an individual of another gender while you are still married that is mutually advantageous. It was permitted to claim adultery as grounds for divorce when an adulterer remained in a marriage for a significant amount of time. Since then, other court decisions have eliminated conventional gender bias. Since females had no legal recourse for their husbands' extramarital activities before this statute, it is beneficial for women to end their marriage on that ground.

  • Cruelty- It depends on the specifics of each instance. Now, both physical and psychological assaults are recognized by the law. Cruelly expressed behaviour has an impact on spouses' life. Women now have the opportunity to file for divorce if their spouses treat them cruelly, so that is an effort for their benefit. Women are said to have encountered violence for a number of reasons. Women can contest the same thing legally under this amendment.

  • Religious Conversion- Hindu men are increasingly converting to other religions, such as Islam, in order to engage in polygamy. Thus, Section 13(1)(ii) permits divorce in the situation of a convert to a new religion. The wife will therefore be relieved of her marital duties if her husband, for whatever cause, changes his religious beliefs.

Matrimonial Remedies for Females under the Hindu Marriage Act

  • Restitution of Conjugal Rights- Men are given numerous forms of support and cures for the challenges that stem from their married partnerships. The restitution of conjugal rights is one of these, according to Section 9 of the Hindu Marriage Act of 1955. Therefore, if the husband abandoned his wife without justification, she would be in breach of their conjugal rights and could request the court's intervention in this matter.

In the case of Sushila Bai v Prem Narayan, the court determined that her husband's actions of desertion and reaction to his wife constituted a separation from his wife's society. So, the wife's request to have her marriage privileges restored was granted. Then, women have the choice to allow their husbands to request a court order permitting them to live with their spouses.

  • Right to Maintenance- The Hindu Marriage Act establishes women's entitlement to support from their husbands. The pending lite needs to be kept in effect temporarily in accordance with Article 24 of the Act. This is required throughout the divorce process. Women may therefore claim maintenance for the necessary expenses if they don't have a separate source of income. It can be necessary to seek the costs associated with the judicial proceedings. Because of this, Article 25 of the Act stipulated that women were free to receive aid as well as maintenance and to lead dignified lives even after divorce.

In the case of Bhuwan Mohan Singh v Meena, according to the Supreme Court, a wife's maintenance does not simply entail an animal existence; rather, it denotes a life that is similar to the one she had when she shared a home with her husband. It is also the husband's duty to ensure she has a decent life.


You will need a lawyer to help you know the legal rights of females for divorce under the Hindu Marriage Act. If you need the help of a lawyer in the divorce process under the Hindu Marriage Act in Chennai, then a Court Marriage in Chennai can be hired, and if you need the help of a lawyer in the divorce process under the Hindu Marriage Act in Faridabad, then a Court Marriage in faridabad can be hired. Similarly, a Court Marriage in delhi can be employed if you need the help of a lawyer in the divorce process under the Hindu Marriage Act in Delhi.


At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.


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