Grounds for divorce under the hindu marriage act, 1955. Mar 01, 2017 matrimonial remedies under hindu marriage act,1955 1. What are the grounds for divorce as per section of the hindu marriage act. Hindu marriage act, 1955 provides two modes for divorce namely i on the grounds mentioned under section of the act or. Law questions and answers set 10 law quiz gkseries. A sociological study on religious aspects in hindu marriage. Bigamy now punished under the indian penal code, 1860. This article on how to get divorce without mutual consentcomplete guideline is written by anubhav pandey. An executing court cannot determine the questions relating to which of the following. Given in sections 5 under the topic marriage essentials of valid hindu marriage. Multiple choice questions for judicial service examination. The wife petitioned for divorce on the ground of her husbands cruelty under section 1ia of the hindu marriage act. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings.
Maintenance under section 24 of hindu marriage act. Also download hindu marriage act 1955 text book pdf. Legal provisions of section 23 of the hindu marriage act. Mar 19, 2015 divorce by mutual consent is addressed under s. Section 9 of the hindu marriage act, 1955 provides for the restitution of the conjugal rights. 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 seek the remedy of divorce. The contents of section 231 c in the hindu marriage act, 1955 although purports to put an embargo upon divorce by collusion, yet it cannot be considered as a bar to the courts jurisdiction under section b of the act or under order 23 rule 3 of the c. Hindu marriage act 1955 pdf book is free and available for everyone to download as a pdf. Section 1 any marriage solemnized, whether before or after the commencement of the 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. The hindu marriage act, 1955, which extends to the whole of india, except the state of jammu and kashmir, applies also to hindus domiciled in territories to which the act extends and those who are outside the said territories. Hm act divorce and grounds of divorce under section of the. Hindu marriage act, 1955 section i divorce on the ground of adulterous life style of the wife husband moved an application for dna test. The marriage laws amendment act, 1976 has omitted the proviso to section 15 as a result of which parties can remarry before the expiry of one year.
How to get divorce without mutual consentlegal guideline. A execution of decree b discharge of decree c satisfaction of decree d modification. Section, and in the case of a wife also on any of the grounds might have been. Hindu marriage act, 1955, section 1ia, 1ib, 231a divorce cruelty and desertion petition by husband husband after birth of child had not taken any step to see child till the date of his deposition in court such a conduct along with prayer to make dna test amounts to humiliate wife and child in public eyes in society a wronged party. Sixmonth cooling period for granting divorce can be. Section 1 any marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a. The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. The dutiful wives under the hindu marriage act, 1955. In case of marriage before 1955 act, if the husband had married again before such commencement or that any other wife of the husband was alive at the time of solemnization of marriage of petitioner. Section, and in the case of a wife also on any of the grounds might have been presented. The 1955 hindu marriage act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent. Aug 12, 2017 the hindu marriage amendment act, 1964 no. Hindu marriage act, 1955 section i divorce on the ground of adulterous life style of the wife husband moved an application for dna test of himself and the male child born to the wife it would.
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. The children of any hindu marriage registered in accordance with the provisions of this act. Jan 11, 20 posts about custody of child under section 26 of hindu marriage act written by child custody laws and lawyers in india. Hindu marriage act 1955 section citation 8817 bare. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Provisions related to alternate relief in divorce proceedings under this act are. Hindu marriage act, 1955 has reformed hindu law of marriage. Family laws in india article legal articles in india. The main objective of this act is to amend and codify the hindu marriage laws. Hindu marriage act 1955 section divorce judgments. Act sample test booklet order form pdf order practice multiplechoice tests and practice writing test booklets.
In any proceedings 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 a. Section 1ia of the hindu marriage act, 1955 provides for cruelty as a ground for seeking dissolution of a marriage by a decree of divorce. Section ia of hindu marriage act, 1955 2 an offer and an acceptance to it must be in the. If the marriage is solemnized in violation of clause iii of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause iv of sub section 2 of section of the hindu marriage act, 1955. Delhi hc issues notice to centre the petition sought a direction to the centre to declare section 9 of the hindu marriage act, section 22 of the special marriage act, order 21 rule 33 of cpc and provisions of section of hindu marriage act as null, void and unconstitutional. Be it enacted by parliament in the fifteenth year of the republic of india as follows. The hindu marriage act was enacted in 1955 by an act of the parliament. Hindu marriage essentials of valid hindu marriage in india. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. But the husband after two years filed a petition for divorce under section 1aaof the hindu marriage act, 1955 on the ground that there has been no resumption of cohabitation between the parties for more than one year after passing the decree of judicial separation.
There are no rigid rules or laws of universal applications, which have to be adhered to while disposing of an application filed under section 24 of the act of 1955. It brought uniformity of law for all the sections of hindus. According to hindu shastra there are four stages of life, of which grahastha. In india divorce for hindus under the hindu marriage act, 1955 can be enforced in two waysone is through mutual consent section b of the act. The hindu marriage act attempted to right some of these wrongs by allowing a wife to seek divorce on the following grounds. This act may be called the hindu marriage amendment act, 1954, amendment of section. 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. In this we have given some important books on hindu marriage act 1955 text book.
The fundamental rule of matrimonial law is that the spouses must live together. Hindu marriage act 1955 section citation 8817 bare act. On the grounds of cruelty us 1ia of the hindu marriage act, 1955. Section 21 of hindu marriage act provides that all proceedings under this act shall be regulated as far as may be, by code of civil procedure. The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.
For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Hindu marriage act, 1955, section b divorce by mutual consent parties directed to be present alongwith their children who are major and living separately such direction not in consonance with the spirit of an application us b of the act directing adult children to be present is a far fetched endeavour in seeking to dispel. It no more considers the marriage as a samskara as considered by dharma sastras. Legal provisions of section 19 of the hindu marriage act, 1955. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. The only distinction between section 182 a, and explanation to section 1, the hindu marriage act, 1955 is that under the latter the petitioner should show the respondent had. Learn about the most important hindu marriage act section 9. It made the marriage more consensual and secular than religious.
An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Section in the hindu marriage act, 1955 indian kanoon. In this act, unless the context otherwise requires. Therefore this section does not discriminate on the basis of sex. Legal provisions of section 15 of the hindu marriage act, 1955. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a. Under section 4 c of the hindu minority and guardianship act, 1956 the expression natural guardian refers to the father and after him the mother of the minor. Section 6 of act provides that the natural guardian consists of the three types of person. Multiple choice questions for judicial service examination fully solved mcq for judicail service free online judicial service examination multiple choice questions 1. The hindu marriage act is an act of the parliament of india enacted in 1955. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. The hindu marriage act 1955 provides for essential conditions for the validity of a hindu marriage, registration of hindu marriages, restitution of conjugal rights, judicial separation, nullity of marriage, divorce etc.
An act to make provision for the solemnisation and. Hm act divorce and grounds of divorce under section of. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. Ceremonies for a hindu marriage 1 a hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. An attempt has been made to codify customary law which is prevalent among hindus by enacting the hindu marriage act, 1955.
Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. 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. Three other important acts were also enacted as part of the hindu code bills during this time. What the section provides for is that the party needs to have deserted the. Free download as pdf law quiz questions and answers for competitive exams or solved mcqs with answers. The appellant and respondent have filed the petition under section b1 of the hindu marriage act, 1955 before the family court principal judge, family court, tiz hazari district courts, delhi. She cannot do so under section 11 or 17 or any other provision of the act.
Divorce means the dissolution of marriage by a competent court. It does not provide for solemnization of marriage by the registrar. Maintenance under section 24 of the hindu marriage act 1955. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. If the marriage itself is not valid that is it is a void marriage, then wife cannot claim maintenance under section 24 of hindu marriage act. 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. Section 24 is applicable when the marriage itself is valid. Posts about custody of child under section 26 of hindu marriage act written by child custody laws and lawyers in india.
Divorce by mutual consent is under section b of hindu marriage act. Short title and extent 1 this act may be called the hindu marriage act. An act further to amend the hindu marriage act, 1955. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. What constitutes cruelty, however, is subject to interpretation of the courts depending on the facts and circumstances of each to be case. A sociological study on religious aspects in hindu marriage system kavya cn, pavan kumar hm abstract hindu marriage is one of the important and universal institutions in indian social system, which teaches the actual values of life.
Restitution of conjugal rights restitution of conjugal. It also contains provisions relating to separation and divorce. The act does not specifically provide for any form of marriage. Section of the hindu marriage act, 1955 divorce and grounds of divorce. In this actn odistricto means a hindu marriage district constituted under section 3. The unamended section 15 laid down a minimum period of one year since the date of decree of divorce within which it was not lawful for the divorced persons to marry again.
It lays down that the legally wedded couple must live together throug. Frequently asked questions on hindu marriage act, 1955. Section 1 in the hindu marriage act, 1955 1 any marriage solemnised, 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. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Adultery is counted as a criminal offence and substantial proofs are required to establish it. The hindu marriage contemplated by the act hardly remains sacramental. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a petition for restitution of. For trial of suit for divorce under section of hindu marriage act, 1955, family court has to follow the procedure of c.
The brief facts are that the parties got married on 1 st may 1987. The conditions and requirements of a valid marriage are now very much simplified as is evident from the provisions of section 5 and 17 of the hindu marriage act, 1955. Repealed by the child marriage restraint amendment act, 1978, w. Short title and extent 1 this act may be called the hindu marriage act, 1955. Grounds for divorce under the hindu marriage act futurescopes.
1605 327 1170 754 1393 1019 1317 1180 650 435 413 1010 689 8 29 310 457 730 1528 56 970 1568 969 740 290 1060 1416 1459 1608 1440 709 1203 904 852 747 25 891 184 1494 717