India's Supreme Court rejects challenge to Hindu Marriage Act divorce provision

On 11 May, a bench of the Indian Supreme Court headed by Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed a public‑interest litigation filed by law student Jitender Singh. The petitioner sought a gender‑neutral interpretation of Section 13(2)(iii) of the Hindu Marriage Act, which currently allows only a wife to file for divorce after a year of non‑cohabitation following a maintenance decree against the husband.

The court refused to hear the constitutional challenge, stating that personal disputes are unsuitable for PILs. Chief Justice Kant questioned Singh, asking, “Do you think you head the entire male gender group?” and Justice Bagchi noted that the legislature is empowered to make special provisions for women and children. The petition was dismissed without altering the existing provision.

The decision leaves the existing wife‑only divorce right under the Hindu Marriage Act unchanged.