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 would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Hindu Marriage Act 1955, Section 13(2)(ii) is the starting point for this family law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

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 you are unsure whether your facts fall inside Hindu Marriage Act 1955, Section 13(2)(ii), that is worth checking with an advocate before you commit to a route, because switching later costs time. 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 family law.