While talking of the hindu marriage act 1955 one must realize that this. The hindu marriage act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in section 1 on which either. In the matter of divorce of the petitioner with the respondent on grounds of cruelty. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. Grounds for divorce under the hindu marriage act, 1955. It is a well known saying that marriages are made in heaven but when they turn into hell, parties seek a decree for divorce. 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.
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. Grounds of divorce according to hindu marriage act 1955. The hindu marriage act, 1955, lays down the law for divorce, which applies to hindus, buddhists, jains, and sikhs. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. What the section provides for is that the party needs to have deserted the. Jun 21, 2010 grounds for divorce as mentioned in indian penal code under hindu marriage act. In the hindu marriage act, there are some provisions given regarding a valid divorce, i. Divorce means the dissolution of marriage by a competent court. Divorce under hindu marriage act 1955 the briefcase. The husband, after marriage, has been found guilty of rape, sodomy or bestiality. 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. Stey by step procedure to file for a mutual divorce. Divorce by mutual consent in india step by step procedure. 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.
The hindu marriage act, 1955 provides various provision regarding divorce. 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. What are the grounds for divorce under the special marriage. 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. Judicial separation is a sort of a last resort before the actual legal break up of marriage i. Divorce under hindu marriage act,1955 law for women. Hindu marriage act, 1955 wikisource, the free online library. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction.
Desertion as a ground is defined under section 1ib of the hindu marriage act, 1955. How hindu marriage can be dissolved by hindu marriage act, 1955. Three other important acts were also enacted as part of the hindu code bills during this time. Grounds for divorce under the hindu marriage act futurescopes. Judicial separation under hindu marriage act, 1955 our legal world, section 10, adultery section i, section 2iv, virulent. It also contains provisions relating to separation and divorce. 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. Adultery is counted as a criminal offence and substantial proofs are required to establish it. 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. The hindu marriage act is an act of the parliament of india enacted in 1955. These are bare act provisions of section of the hindu marriage act, 1955. 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. The guilt or fault theory was also adopted by us without much ado. 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.
Section in the hindu marriage act, 1955 indian kanoon. Section 12 in the hindu marriage act, 1955 12 voidable marriages. According to section of hindu marriage act, 1955 lays down as under. 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. 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. Matrimonial reliefs and remedies under hindu marriage act. On the grounds of cruelty under indian divorce act, 1869. Adultery the act of indulging in sexual intercourse outside marriage is termed as adultery. Under the matrimonial causes act, 1857, adultery was recognized as the main ground of divorce. 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. The hindu marriage act defines divorce as a dissolution of marriage. These were the grounds for divorce available to husband andor wife for a legal contested divorce under the hindu marriage act, 1955. It provides for various conditions which are necessary for desertion as a ground of divorce.
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. 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 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. The main objective of this act is to amend and codify the hindu marriage laws. 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. 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.
Judicial separation under hindu marriage act, 1955 our. 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. By 1976 amendment, the cruelty was made ground for divorce. 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. 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. She cannot do so under section 11 or 17 or any other provision of the act. 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. 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. 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. An act to amend and codify the law relating to marriage among hindus. The concept of holy wedlock has given it religious sacramental status in religion.
Under the hindu marriage act, there are nine major grounds on which the marriage may be dissolved by a decree of divorce 1. Be it enacted by parliament in the sixth year of the republic of india as follows. Grounds for divorce as per hindu marriage act in delhi. Section of the hindu marriage act, 1955 deals with divorce. 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. However, a petition cannot be filed within one year of the marriage. Short title and extent 1 this act may be called the hindu marriage act, 1955. However, under section of hindu marriage act, noncompliance with this condition provides a remedy to the aggrieved person for relief of divorce.
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. A marriage may be declared void if it contravenes any of the following. There is also special marriage act, 1954 for certain marriages. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. The following are the grounds for divorce in india mentioned under the hindu marriage act, 1955. Under the hindu law, divorce does not take place unless it has been granted by a court.
Nullity of marriage under the indian laws ipleaders. Hindu marriage act, 1955, section 1i describe adultery as a ground of divorce but does not describe what is adultery. It is often stated as a mean to exploit the husband by asking alimony for life. Grounds for divorce under the hindu marriage act,1955 legistify. It has been provided under section of hindu marriage act, 1955. Judicial separation and divorce in india as per hindu marriage act. In india, the fault theory works in the matter of the divorce. Adultery the act of indulging in any kind of sexual relationship. 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. The provisions of divorce in the existing marriage law i. It was only a ground for claiming judicial separation under section 10 of the act. Hindu marriage act,1955 and special marriage act, 1954. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap.
Divorce under hindu marriage act, 1955 divorce adultery. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. Adultery the act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. On the grounds of cruelty us1ia of the hindu marriage act, 1955.
A petition for divorce can be filed only if the parties have completed one year in the marriage. How hindu marriage can be dissolved by hindu marriage act. Various grounds for obtaining divorce under hindu marriage. 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. On the grounds of cruelty under indian divorce act. Section of hindu marriage act, 1955, provides for nine fault grounds of divorce. Oct 12, 2016 hinduswhich includes sikh, jain, budh are governed by hindu marriage act, 1955. Application for divorce petition format legal news law. The hindu marriage act was enacted in 1955 by an act of the parliament.
Divorce under hindu marriage act, 1955 free download as pdf file. It brought uniformity of law for all the sections of hindus. Maintenance to wife is a very complicated issue under hindu marriage act. Grounds for divorce as mentioned in indian penal code under hindu marriage act. 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. 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.
What are the grounds of divorce under the hindu marriage act, 1955. Grounds for divorce in india areas of law law library. The term divorce comes from latin word divortium which means to separate. A petition for judicial separation can be filed at any time after marriage. 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. Indian legal system civil laws family laws the hindu marriage act, 1955 divorce section provisions. 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. Under the uncodified hindu law, divorce was not recognized, unless it was. 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. In addition, a wife may also seek a divorce on the grounds that. Polygamy and polyandry are prohibited under the hindu marriage act.
Adultery is describe under section 497 of the indian penal code ipc, 1860, as an offence and is punishable. 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 for divorce under the hindu marriage act,1955. Judicial separation and divorce under hindu marriage act. There are few more grounds and procedures for divorce as per indian laws, which would be talked about in future blog posts. 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. The grounds for divorce as given under section 1 of the act. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. The hindu marriage act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in section 1 on which either the husband or wife could sue for divorce, and two fault grounds in section 2 on which wife alone could seek the divorce. Mar 01, 2017 the relief under section 9 is subject to fulfillment of the following conditions. Divorce structure of the hindu marriage act, 1955 and special. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Feb 14, 2017 grounds of divorce under hindu marriage act.
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. Grounds for divorce under hindu marriage act 1955 and. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. It has been provided under section 10 of hindu marriage act, 1955. Grounds for divorce under hindu marriage act 1955 and special. 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. Under section of the act, the grounds for divorce include. Mental cruelty as a ground for divorce under hindu marriage act 1955 highlight by sudhanshu pathania, student, the law school, university of jammuhighlight. Grounds of divorce under hindu marriage act, 1955 indian. Divorce petition by hindu wife on the grounds of cruelty. 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. 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. In india, there can be two grounds for divorce namely mutual consent and contested divorce. What are the grounds for divorce under the special marriage act, 1954.
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