The idea of divorce was not recognized by the old Hindu law or regulations, even though it was identified through customs among Hindus. In Different parts of the country and with the passing of time humans started giving importance to personal liberty and as a result, the concept of divorce progressively evolved amongst humans to stay a happily separate life in preference to dwelling a depressing marital life. With the want of the time current Hindu law starts spotting the idea of divorce, as a consequence of which Hindu marriage act,1955 came into force.
Divorce (section 13 of The Hindu Marriage Act, 1955)
A petition for divorce can be filed by any of the parties to the marriage on the following grounds that respondent:
- had sexual sex after marriage with any man or woman apart from his/her spouse.
- had committed cruelty and sexual harassment on the petitioner.
- had abandoned the petition for not less than a year before the presentation of the petition
- has ceased to be a Hindu by conversion to different religion besides Sikhism, Buddhism, and Jainism
- is of incurable unsound mind, or a mental patient, or suffering from a serious disease in a communicable form, that petitioner can’t be expected to stay with him/her.
- is affected by the virulent and incurable form of leprosy.
- renounced the world.
- has not been heard of as being alive for a length of more than 7 years.
Other Additional grounds:
- had married once earlier and the other spouse is alive at the time of the second marriage.
- has been responsible for committing crimes such as sodomy, bestiality, and rape after marriage.
- since the passing of a decree for protection towards respondents, cohabitation between parties isn’t resumed for one year or more.
- That the wedding with respondent has solemnized in advance than she attained the age of 15 years and she or he had repudiated the wedding after achieving that age however earlier than achieving the age of 18 years.
- Irretrievable breakdown of the marriage: Along with all the grounds for divorce as referred to aforesaid, irretrievable breakdown of marriage is another ground for divorces that has emerged out of judicial pronouncements, even though such ground Is not categorically cited within side the statute.
- Divorce by mutual consent: Section 13B OF the Hindu marriage act offers the manner of divorce by mutual consent among both the parties.
Important provision governing proceeding under the Act:
Section 23 of the prevailing Act may be applicable which laid down a few critical rules concerning commencement and regulation of the proceeding under the Act. These policies are summarized below:
No relief ought to be granted:
- where the petitioner is taking advantage of his very own incorrect except the grounds cited in sub-clauses (a), (b), (c) of clause (ii) of section 5
- where the petitioner has been accenting to or connived or condoned the act of cruelty in which the ground for the petition is cruelty.
- Where the consent of another party to the proceeding of divorce through mutual consent has been acquired through force, fraud, undue influence.
- Where the petition is offered in collusion with the respondent.
- Where there was incorrect and pointless postpone in instituting proceedings.
Agreement for divorce:
Dissolution of a Hindu marriage is authorized only according to the regulations laid below by the Hindu marriage act and in no different approaches except any custom providing in any other case.
In a case in which the events had entered into a settlement of divorce in absence of any custom governing such divorce the court had held such agreement being null and void and of no effect. Divorce among the Hindus can take place only according to the act except in any other case provided in any custom governing such events.
Other relief available before divorce:
Before going for the cruel and difficult step of Divorce, there are different alternate legal reliefs that can be available to parties to the marriage, and some of these treatments are:
- Restitution of conjugal rights: wherein either party to the marriage has left his/her matrimonial home without the consent of other partner and without reasonable cause, then the opposite aggrieved party may also record a petition for restitution of conjugal rights before the court and praying from such court to pass an order directing the other defaulting party to move and live together along with the petitioner in their matrimonial home.
- Judicial separation: sometimes party makes a decision not to quit their marriage and consequently they determine to stay separately and with no strain from different partner and in such a situation, they are able to pray for a decree of judicial separation. The impact of such decree is that once such decree it might be not compulsory for the parties to stay collectively and marital rights and duties are suspended, it is really well worth citing that any such decree does not convey a quit to marital ties it only droops such marital relation for the time being.
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