Section 13(2) of the Hindu Marriage Act, 1955, provides for women to seek divorce. According to this section, a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground- a) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such 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. b) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality. c) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)], 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 more d) 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.
With woman being educated and well aware of her rights and duties she has the full liberty to file for a divorce if her marriage life is disturbing under the above said points.India being a liberal country allows woman to live in her own terms and not under such troubling circumstances.
Divorce has now become quite common in India and the actual reason behind it is there is lack of compromise, adjustments, tolerance and above all everyone now likes to live with their own terms and conditions. The above given points are valid and any women can seek divorce on the above mentioned grounds. With women being more independent and educated today, they can lead a better life even after seeking divorce. Divorce and also be taken on the ground of mutual consent and in this case giving maintenance to the wife is not mandatory.
