Supreme Court Refuses Plea Seeking Gender-Neutral Divorce Provision Under Hindu Marriage Act

May 11, 2026 : The Supreme Court on Tuesday refused to entertain a plea challenging the constitutional validity of Section 13(2)(iii) of the Hindu Marriage Act, 1955, which grants only a wife the right to seek divorce if cohabitation has not resumed for one year or more after a maintenance decree against the husband.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi dismissed the petition filed by law student Jitender Singh, who appeared in person and sought a gender-neutral interpretation of the provision.

During the hearing, the Bench questioned the maintainability of the public interest litigation and asked the petitioner how he was personally affected by the provision. The petitioner stated that he had been involved in matrimonial litigation for the past seven to eight years and argued that the divorce remedy should be equally available to men.

The CJI remarked, “Don’t settle personal vendettas via PILs,” and cautioned the petitioner against using public interest litigation to pursue personal grievances. The Bench also considered imposing exemplary costs before ultimately refusing to entertain the plea.

Justice Bagchi observed that the legislature is constitutionally empowered to enact special provisions for women and children and noted that the Hindu Marriage Act is a special law. The Court further indicated that issues relating to complete parity in such matters fall within the legislative domain. (PTI)