Are leprosy and venereal disease still valid grounds for divorce in India?

Question

I have heard that leprosy used to be a ground for divorce. Is that still the law today? 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(1)(iv) 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(1)(iv) originally listed virulent and incurable leprosy as an independent ground for divorce, but this ground was formally removed by the Personal Laws (Amendment) Act 2019, which deleted leprosy as a ground across several personal law statutes.

The amendment was based on the recognition that leprosy is now medically curable and that treating it as grounds for divorce stigmatised patients in violation of their dignity and equality rights.

Section 13(1)(v), which made a spouse suffering from a virulent and incurable form of venereal disease a ground for divorce, remains part of the Act, though it is invoked infrequently given modern treatment options for many such conditions.

A spouse with leprosy today can no longer be divorced solely on that ground, though if the underlying facts also amount to cruelty or another recognised ground, such as concealment of the condition before marriage, those could still be pursued separately.

Similar leprosy-related grounds were also removed from the Special Marriage Act 1954 and the Indian Divorce Act 1869 through the same 2019 amendment, keeping the law consistent across personal law and civil marriage statutes.

What to do next: 1) Do not rely on leprosy alone as a ground since it has been legislatively removed; 2) Assess whether the facts support cruelty or concealment as an alternative ground instead; 3) Check the current wording of Section 13 to confirm which grounds remain valid before drafting a petition; 4) Consult a lawyer to identify the correct surviving ground applicable to your case.

If you are unsure whether your facts fall inside Hindu Marriage Act 1955, Section 13(1)(iv), 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.