Adultery is counted as a criminal offence and substantial proofs are required to establish it. Grounds for divorce in india areas of law law library. Under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. Mental cruelty as a ground for divorce under hindu marriage act 1955 highlight by sudhanshu pathania, student, the law school, university of jammuhighlight. The first of these is marital infidelity in which case the petitioner can seek divorce on the basis that hisher spouse who is the respondent had voluntary sexual intercourse with any person other than the spouse after the. Divorce under hindu marriage act, 1955 free download as pdf file.
Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. Grounds for divorce under the hindu marriage act,1955 legistify. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Grounds for divorce as mentioned in indian penal code under hindu marriage act. Hindu marriage act, 1955, section 1i describe adultery as a ground of divorce but does not describe what is adultery. On the grounds of cruelty under indian divorce act. Section 9 of the hindu marriage act, 1955 embodies the concept of restitution of conjugal rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved.
Adultery the act of indulging in sexual intercourse outside marriage is termed as adultery. Section of the hindu marriage act, 1955 deals with divorce. In respect of grounds of divorce in the hindu marriage act, what we did was to adopt a conservative stance and made all the three traditional fault grounds of divorce, i. However, as noticed above, under the prohibition of child marriage act, 2006, if you solemnize marriage when you have not completed the requisite age, it is called a child marriage. Divorce 1 any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party. A marriage may be declared void if it contravenes any of the following.
Divorce structure of the hindu marriage act, 1955 and special. A petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together on the ground that they have been living separately for a period of one year or more, and that they have not been able to live together and. The hindu marriage act was enacted in 1955 by an act of the parliament. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. Be it enacted by parliament in the sixth year of the republic of india as follows. Marriage is a sacrament that binds the twoperson and their families even after death but after the hindu marriage act, 1955 anyone can file a petition to dissolve their marriage. Three other important acts were also enacted as part of the hindu code bills during this time.
Divorce means the dissolution of marriage by a competent court. The main objective of this act is to amend and codify the hindu marriage laws. Indian legal system civil laws family laws the hindu marriage act, 1955 divorce section provisions. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. These are bare act provisions of section of the hindu marriage act, 1955. A petition for divorce can be filed only if the parties have completed one year in the marriage. Divorce under hindu marriage act 1955 the briefcase. By 1976 amendment, the cruelty was made ground for divorce. Divorce by mutual consent in india step by step procedure. In addition, a wife may also seek a divorce on the grounds that. How hindu marriage can be dissolved by hindu marriage act.
However, under section of hindu marriage act, noncompliance with this condition provides a remedy to the aggrieved person for relief of divorce. Parties to a marriage generally do not have divorce in mind while contracting any form marriage recognizable under the law, as marriages are naturally contracted with the traditional cum conservative mindset that it will last forever or ultimately for the lifespan of either spouses or partners. Under the uncodified hindu law, divorce was not recognized, unless it was. Under the matrimonial causes act, 1857, adultery was recognized as the main ground of divorce. Section of the hindu marriage act 1955 and section 27 of the special marriage act 1954 stated the grounds and reasons for divorce which are as follows. Prior to the 1976 amendment in the hindu marriage act, 1955 cruelty was not a ground for claiming divorce under the hindu marriage act.
It is, therefore, prayed that a decree for divorce under section of the hindu marriage act, 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition. Srivastava, judge, delhi high court under the hindu marriage act, 1955, as enacted originally, though cruel was one of the grounds for obtaining judicial separation but it was not a ground for obtaining divorce. Under section of the act, the grounds for divorce include. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. It has been provided under section of hindu marriage act, 1955. Divorce under hindu marriage act, 1955 divorce adultery. Oct 12, 2016 hinduswhich includes sikh, jain, budh are governed by hindu marriage act, 1955. There is also special marriage act, 1954 for certain marriages. The guilt or fault theory was also adopted by us without much ado. The concept of holy wedlock has given it religious sacramental status in religion.
Under the hindu marriage act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The grounds for divorce as given under section 1 of the act. On the grounds of cruelty us1ia of the hindu marriage act, 1955. Section 12 in the hindu marriage act, 1955 12 voidable marriages. The following are the grounds for divorce in india mentioned under the hindu marriage act, 1955. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Maintenance to wife is a very complicated issue under hindu marriage act. Mar 01, 2017 the relief under section 9 is subject to fulfillment of the following conditions. It provides for various conditions which are necessary for desertion as a ground of divorce. The hindu marriage act defines divorce as a dissolution of marriage. Grounds for divorce under hindu marriage act 1955 and special.
In case of marriagesthat took place before the hindu marriage act 1955 was enacted, the husband was already married and that any other wife of thehusband was alive at the time of the marriage ceremony. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage. In india marriage is also legal status under different personal laws such as hindu marriage act, 1955, parsi marriage and divorce act, 1936, indian christian marriage act, 1872. Grounds for divorce under the hindu marriage act futurescopes. Section 9 of the hindu marriage act, 1955 embodies the concept of restitution of conjugal rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Grounds of divorce according to hindu marriage act 1955. In india, the fault theory works in the matter of the divorce. Stey by step procedure to file for a mutual divorce. Feb 14, 2017 grounds of divorce under hindu marriage act.
Adultery the act of indulging in any kind of sexual relationship. Adultery the act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Under the hindu law, divorce does not take place unless it has been granted by a court. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent. Grounds of divorce according to hindu marriage act 1955 talaak ke aadhar hindi is video me aap janege ki hindu vivah adhiniyam 1955 ke anusar talaak ke aadhar kya hai. Under the hindu marriage act, there are nine major grounds on which the marriage may be dissolved by a decree of divorce 1. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. These are, firstly, petitioner has to be deserted for a continuous period of not less than 2 years before the petition is presented and secondly, the reason for.
There are few more grounds and procedures for divorce as per indian laws, which would be talked about in future blog posts. The reason for the presence of such a provision under hindu marriage act is the anxiety of the legislature that the tensions and wear and tear of every day life and the. It also contains provisions relating to separation and divorce. She cannot do so under section 11 or 17 or any other provision of the act. How hindu marriage can be dissolved by hindu marriage act, 1955. The hindu marriage act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in section 1 on which either. Short title and extent 1 this act may be called the hindu marriage act, 1955.
The hindu marriage act, 1955, under section 1 lays down the grounds on which a husband or wife can file a divorce petition in india. In the hindu marriage act, there are some provisions given regarding a valid divorce, i. It is a well known saying that marriages are made in heaven but when they turn into hell, parties seek a decree for divorce. Jun 21, 2010 grounds for divorce as mentioned in indian penal code under hindu marriage act. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. In any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of sub section 1 of section, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead. Hindu marriage act, 1955 wikisource, the free online library. Either party to the marriage, whether solemnized before or after commencement of. In india, there can be two grounds for divorce namely mutual consent and contested divorce. Grounds of divorce under hindu marriage act, 1955 indian. It brought uniformity of law for all the sections of hindus. It was only in the unapproved forms of marriage where they favoured divorce, that too in the extreme cases of distress. Various grounds for obtaining divorce under hindu marriage.
Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. Divorce under hindu marriage act,1955 law for women. On the grounds of cruelty under indian divorce act, 1869. Judicial separation under hindu marriage act, 1955 our.
Adultery is describe under section 497 of the indian penal code ipc, 1860, as an offence and is punishable. According to section of hindu marriage act, 1955 lays down as under. Matrimonial reliefs and remedies under hindu marriage act. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and. Divorce 1 any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground. Read and write the provisions of divorce in detail from bare act the petition for divorce can be filed by either of the parties to the marriage under any one of the following grounds. It is often stated as a mean to exploit the husband by asking alimony for life. Grounds for divorce on the basis of adultery is mentioned under section 1a of hindu marriage act, 1955 which states that any marriage before or after the commencement of this act shall be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after. It was only a ground for claiming judicial separation under section 10 of the act. Dec 27, 2019 the law commission of india has twice recommended that irretrievable breakdown of marriage be included as a new ground for granting divorce to hindus under the provisions of the hindu marriage act and the special marriage act. Judicial separation under hindu marriage act, 1955 our legal world, section 10, adultery section i, section 2iv, virulent.
Nullity of marriage under the indian laws ipleaders. Jun 28, 2017 grounds of divorce according to hindu marriage act 1955 talaak ke aadhar hindi is video me aap janege ki hindu vivah adhiniyam 1955 ke anusar talaak ke aadhar kya hai. What are the grounds for divorce under the special marriage act, 1954. Divorce petition by hindu wife on the grounds of cruelty. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. The term divorce comes from latin word divortium which means to separate. The husband, after marriage, has been found guilty of rape, sodomy or bestiality. An act to amend and codify the law relating to marriage among hindus. Grounds for divorce under the hindu marriage act,1955. Polygamy and polyandry are prohibited under the hindu marriage act. The following are the grounds for divorce as mentioned under section of the hindu marriage act, 1955.
In this case, estranged spouses can mutually agree to a settlement and file for a nofault divorce under section b of the hindu marriage act 1955. While talking of the hindu marriage act 1955 one must realize that this. Hindu marriage act,1955 and special marriage act, 1954. Application for divorce petition format legal news law. Judicial separation and divorce in india as per hindu marriage act. What the section provides for is that the party needs to have deserted the. The hindu marriage act is an act of the parliament of india enacted in 1955. It has been provided under section 10 of hindu marriage act, 1955. Judicial separation is a sort of a last resort before the actual legal break up of marriage i. What are the grounds of divorce under the hindu marriage act, 1955. Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds. Any marriage solemnized, whether before or after the commencement of this act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has ceased to be a hindu. Grounds for divorce under hindu marriage act 1955 and. These were the grounds for divorce available to husband andor wife for a legal contested divorce under the hindu marriage act, 1955.
Section of hindu marriage act, 1955, provides for nine fault grounds of divorce. Desertion as a ground is defined under section 1ib of the hindu marriage act, 1955. The provisions of divorce in the existing marriage law i. The hindu marriage act, 1955 act 25 of 1955 18th may, 1955 an act to amend and codify the law relating to marriage among hindus. However, a petition cannot be filed within one year of the marriage. The hindu marriage act, 1955 provides various provision regarding divorce. Judicial separation and divorce under hindu marriage act.
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