Section 13A HMA: Alternate relief in divorce proceedings
Hindu Marriage Act, 1955
Section 13A HMA at a Glance
Section 13A HMA allows a court hearing a divorce petition to pass a decree for judicial separation instead of divorce if just in the circumstances. Alternate relief is barred where the petition rests on conversion, renunciation, or 7 years absence.
Section 13A HMA Bare Act Text
13A. Alternate relief in divorce proceedings.
In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.
Amendments to this section
- Ins. by s. 8, ibid. (w.e.f. 27-5-1976).
Section 13A HMA in Simple Words
Section 13A HMA empowers a court hearing a divorce petition under the Hindu Marriage Act, 1955 to grant judicial separation as alternate relief instead of dissolving the marriage by a decree of divorce. On a petition for dissolution of marriage, the court may pass a decree for judicial separation instead if the court considers it just to do so having regard to the circumstances of the case. Because Section 13A HMA uses the word "may", granting judicial separation in place of divorce is discretionary rather than automatic.
Section 13A HMA sets an explicit exception for three grounds in Section 13(1) HMA. In so far as the divorce petition is founded on the other party having ceased to be a Hindu by conversion to another religion (Section 13(1)(ii) HMA), having renounced the world by entering any religious order (Section 13(1)(vi) HMA), or not having been heard of as being alive for 7 years or more by persons who would naturally have heard of that party if alive (Section 13(1)(vii) HMA), the court cannot pass a decree for judicial separation instead of divorce.
Where a divorce petition rests on any other ground under Section 13 HMA, such as cruelty under Section 13(1)(ia) HMA or continuous desertion for not less than 2 years under Section 13(1)(ib) HMA, Section 13A HMA allows the court to grant judicial separation instead of immediate dissolution. Under Section 13(1A)(i) HMA, if a decree for judicial separation is passed in a proceeding between the spouses and cohabitation does not resume for 1 year or upwards afterwards, either party may later present a petition for divorce.
When Section 13A HMA Applies
- A proceeding under the Hindu Marriage Act, 1955 on a petition for dissolution of marriage by a decree of divorce.
- The petition, or the relevant ground in the petition, is not founded on conversion to another religion (Section 13(1)(ii) HMA), renunciation of the world into a religious order (Section 13(1)(vi) HMA), or 7 years or more without being heard of as alive (Section 13(1)(vii) HMA).
- The court considers it just to pass a decree for judicial separation instead of divorce having regard to the circumstances of the case.
Example of Section 13A HMA
When Section 13A HMA Does Not Apply
- Where the divorce petition is founded on Section 13(1)(ii) HMA, on the ground that the other party ceased to be a Hindu by conversion to another religion.
- Where the divorce petition is founded on Section 13(1)(vi) HMA, on the ground that the other party renounced the world by entering any religious order.
- Where the divorce petition is founded on Section 13(1)(vii) HMA, on the ground that the other party has not been heard of as being alive for 7 years or more by persons who would naturally have heard of that party if alive.
- Where, having regard to the circumstances of the case, the court does not consider it just to pass a decree for judicial separation instead of divorce.
FAQs on Section 13A HMA
What is Section 13A HMA?▼
Section 13A HMA is a provision of the Hindu Marriage Act, 1955 that permits a court hearing a divorce petition to pass a decree for judicial separation instead of dissolving the marriage if the court considers that just in the circumstances of the case. Section 13A HMA excludes divorce petitions founded on conversion from Hinduism, renunciation into a religious order, or 7 years of unheard absence under Section 13(1)(ii), (vi), and (vii) HMA.
Is the court required to grant judicial separation instead of divorce under Section 13A HMA?▼
No. Section 13A HMA states that the court may pass a decree for judicial separation instead of divorce if the court considers it just to do so having regard to the circumstances of the case.
On which divorce grounds is alternate relief under Section 13A HMA barred?▼
Three grounds under Section 13(1) HMA are excluded. Alternate relief cannot be granted in so far as the divorce petition is founded on conversion to another religion (Section 13(1)(ii) HMA), renunciation of the world by entering a religious order (Section 13(1)(vi) HMA), or not being heard of as alive for 7 years or more (Section 13(1)(vii) HMA).
Can Section 13A HMA apply to parts of a divorce petition that are not based on the three excluded grounds?▼
Yes. Section 13A HMA excludes judicial separation only in so far as the petition is founded on clauses (ii), (vi), and (vii) of Section 13(1) HMA, so other grounds in the petition remain open to alternate relief if just in the circumstances.
Can either spouse seek divorce later if judicial separation is granted under Section 13A HMA?▼
Yes. Under Section 13(1A)(i) HMA, if there has been no resumption of cohabitation between the spouses for 1 year or upwards after a decree for judicial separation in a proceeding to which both spouses were parties, either party may present a petition for divorce.
Have questions about Section 13A HMA?
Ask NyayGuru about your situation and get an answer based on the Hindu Marriage Act, 1955.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Hindu Marriage Act, 1955 ·