Can a wife seek divorce if the husband is guilty of rape, sodomy or bestiality?

Question

I have learned that my husband has been convicted of a serious sexual offence. Can I use this specifically as a ground for divorce? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can a wife seek divorce if the husband is guilty of rape, sodomy or bestiality? is governed in India primarily by Hindu Marriage Act 1955, Section 13(2)(ii), Indian Penal Code 1860, Section 377 and Bharatiya Nyaya Sanhita 2023, Section 63. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 13(2)(ii) of the Hindu Marriage Act gives a wife the exclusive ground to seek divorce if the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality.

This ground does not require a criminal conviction as a strict precondition in every case, but a prior criminal conviction, whether under Section 63 of the Bharatiya Nyaya Sanhita 2023 or the earlier Section 375 and 377 of the Indian Penal Code, strongly supports the civil petition.

The offence must have occurred after the marriage was solemnised for this specific ground to apply, distinguishing it from general cruelty which can cover a broader range of conduct throughout the marriage.

Because these acts also constitute serious criminal offences, the wife can simultaneously pursue criminal prosecution and file the civil divorce petition, and the two proceedings run independently of each other.

Even without invoking this exclusive ground, such conduct would independently qualify as cruelty under Section 13(1)(ia), giving the wife an alternative or additional basis to seek relief.

What to do next: 1) Report the offence to the police and pursue the criminal case under the applicable provisions; 2) Preserve the FIR, medical evidence and any judgment of conviction for use in the matrimonial case; 3) File the divorce petition citing Section 13(2)(ii) along with cruelty under Section 13(1)(ia) as an alternative ground; 4) Consult a lawyer to coordinate the criminal case and the divorce petition.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Hindu Marriage Act 1955, Section 13(2)(ii) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.