Table of Contents
Renunciation of world
There are various grounds for the dissolution of marriage under Hindu law. A divorce can be granted by a competent court after looking into the valid grounds. Since marriage is a legal relation, getting out of that marriage has to be done by a process of law. Section 13(1)(vi) of the Hindu marriage act, 1955 describes various grounds on which Renunciation of the world by any of the spouses can be a valid one as it is a typical Hindu idea where it characteristically represents the holy Hindu culture.
This ground of divorce was added later into the section and it lays down the concept that a spouse can seek divorce if the other spouse has completely renounced the world for a religious purpose. The renunciation must be indisputable. It has to be complete and unmitigated. In these circumstances, the marriage becomes void and either of the parties can file for a divorce.
The word “Renunciation” intends to make a formal resignation of activity and few rights. The term “Renouncing the world” generally means to withdraw from worldly pleasures to lead a non-secular life. The party who plans to renounce the world will no longer adhere to a position in life and will no longer engage in a practice that the party was involved in earlier. That person relinquishes their right and withdraws from all the worldly pleasures. It is also an abandonment of material comforts staying away from sexual temptations and unclean life.
A ground for divorce
Renunciation of the world is a valid ground for divorce under Hindu law. It is common ground in India, but it has to be proved that the respondent spouse has entirely renounced his matrimonial duties and the world. A person who renounces the world is considered to be civilly dead under the law. For example, if the husband disclaims from the family disowning his wife, child and all the matrimonial relations and is no longer ready for any marital obligations or responsibilities, then under these circumstances the wife can obtain a divorce on the ground of her husband renouncing the world.
It is a noticeable fact that the Indian Judiciary has taken severable considerable steps to provide better maintenance to the affected spouses and for children. Likewise, after the amendment in 2015, A Hindu wife is also entitled to claim maintenance from the members of the Joint family of her husband during her lifetime. This provision is applicable only for certain grounds and it can be claimed when any of the spouses disappear renouncing the world.
Two ingredients must be satisfied to obtain a divorce under this ground:
- The respondent must have truly renounced the world
- The respondent must have done that to enter any religious order
If the person has got highly influenced by some practices and has left home in search of inner happiness and peace, then the domestic life will come to an end. That means he should completely renounce all practices relating to marital life. That person should have completely entered into some religious order while he undergoes the procedure prescribed through faith. It is given in a case that if one man or woman has entered into a religious order but comes home day by day and cohabits then it cannot be taken as a ground for divorce under this act because he has no longer renounced the world.
If these ingredients are satisfied, then a divorce may be initiated under this ground.