It is a platform of last resort before the legal breakup of the marriage, that is divorce. 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. It has been provided under section of hindu marriage act, 1955. The hindu marriage act, 1955 provides various provision regarding divorce. The registrar verifies all the documents on the date of application and registers the marriage on the same working day and issues the marriage. Under the matrimonial causes act, 1857, adultery was recognized as the main ground of divorce. It is often stated as a mean to exploit the husband by asking alimony for life. While talking of the hindu marriage act 1955 one must realize that this. Section of the hindu marriage act, 1955 provides the specific ground for divorce,on the basis of which one can get the decree of divorce from the court against their spouse.
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. She cannot do so under section 11 or 17 or any other provision of the act. The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. Grounds for divorce under hindu marriage act 1955 and. Maintenance to wife is a very complicated issue under hindu marriage act. Three other important acts were also enacted as part of the hindu code bills during this time. Petition for divorce under section b hindu marriage act 1955. Divorce structure of the hindu marriage act, 1955 and special. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. It has been provided under section 10 of hindu marriage act, 1955. People who are searching for hindu marriage act 1955 book pdf can find here.
Be it enacted by parliament in the sixth year of the republic of india as follows. The main objective of this act is to amend and codify the hindu marriage laws. Saptapadi is an essential part of the ceremony of marriage. It has laid down clear provisions regarding divorce under certain circumstances. Before passing of the marriage laws amendment act, 1976, the grounds for divorce are more serious than those for. No petition for divorce to be presented within one year of marriage. This article has been written by deyasini chakrabarti from kiit school of law, bhubaneswar, odisha. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. Divorce is laid down under sections, b, 14 and 15 of the act.
Grounds for divorce under the hindu marriage act, 1955. He also throws light upon the need for uniform civil code in matters relating to divorce. Full text containing the act, hindu marriage act, 1955, with all the sections, schedules, short title, enactment date, and footnotes. Judicial separation and divorce under hindu marriage act. Divorce means the dissolution of marriage by a competent court. The provisions of divorce in the existing marriage law i. Mutual consent divorce petition format to file mutual consent divorce petition under section 1b of hindu marriage act 1955. Under the hindu marriage act, 1955 any marriage between two hindus is void if at the date of such marriage either party had a husband or wife living. It is provided under section 10 of hindu marriage act, 1955. Short title and extent 1 this act may be called the hindu marriage act, 1955. On the grounds of cruelty us1ia of the hindu marriage act, 1955. 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. What the section provides for is that the party needs to have deserted the.
The hindu marriage act, 1955 originally based divorce on the fault theory and enshrined 9 fault grounds in section 1 on which, either the husband or the wife could sue for divorce. In the hindu marriage act, there are some provisions given regarding a valid divorce, i. 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. It was only in the unapproved forms of marriage where they favoured divorce, that too in the extreme cases of distress. Feb 14, 2017 grounds of divorce under hindu marriage act. Prior to the 1976 amendment in the hindu marriage act, 1955 cruelty was not a ground for claiming divorce under the hindu marriage act. Judicial separation under hindu marriage act, 1955 our legal world, section 10, adultery section i, section 2iv, virulent. Therefore, the ancient hindu law does not recognise divorce. Section of the hindu marriage act provides for grant of divorce in certain cases.
Petition under section 14 of the hindu marriage act, 1955 no. Introduction india, being a cosmopolitan country, allows each citizen to be governed under. Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceedings at the trial of a petition under this act on the ground that it is not duly stamped or registered. It enacts that any marriage solemnized whether before or after the commencement of the act may be dissolved on a.
Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce. The hindu marriage act is an act of the parliament of india enacted in 1955. Under section 7 of the hindu marriage act, 1955 it is defined as the marriage which happens, should be formal and with the consent of the parties. Divorce by mutual consent 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. Hindu laws also allow the intercaste marriages between hindu and a non hindu but in some special provisions under special marriage act,1954. Marriage act, 1955, of india, or any enactment substituted for that. Divorce under hindu law fault grounds of divorce the hindu marriage act, 1955 recognizes ninefault grounds of divorce which are available to both the spouses and fourfault grounds are available to the wife alone. Special discussion on hindu marriage act and divorce acts. 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.
Hindu marriage act, 1955 with pdf download updated 2019. Pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. The hindu marriage act was enacted in 1955 by an act of the parliament. Hindu marriage act, 1955 wikisource, the free online library. It also contains provisions relating to separation and divorce. Section in the hindu marriage act, 1955 indian kanoon. Also, under section 8 of the hindu marriage act, 1955, an arranged marriage or arya samaj marriage is directly registered by the registrar of marriage on the same working day. Void and voidable marriage under hindu marriage act, 1955, and divorce article in ssrn electronic journal january 20 with 806 reads how we measure reads. As soon as a decree for judicial separation is passed, a husband or a wife is under. 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. Divorce under hindu marriage act,1955 law for women. Mar 01, 2017 the relief under section 9 is subject to fulfillment of the following conditions. This article mainly focuses on various aspects of divorce under the hindu marriage act, 1955. Grounds for divorce in india areas of law law library.
Jun 29, 2016 divorce by mutual consent is addressed under s. May 27, 2019 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. Nov 10, 2016 part1 short title,extent and application of hindu marriage act, 1955. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. For this section to apply there are certain requirements which have to be met and fulfilled by both the parties to the divorce. This also discusses the historical background, sociological aspects of divorce. Please click on the below links for more information.
However, under section of hindu marriage act, noncompliance with this condition provides a remedy to the aggrieved person for relief of divorce. Void and voidable marriage under hindu marriage act 1955 duration. A petition for judicial separation can be filed at any time after marriage. Aug 24, 20 judicial separation and divorce in india as per hindu marriage act. The following are the grounds for divorce in india mentioned under the hindu marriage act, 1955. Matrimonial reliefs and remedies under hindu marriage act. It brought uniformity of law for all the sections of hindus. It also added a new ground namely divorce by mutual consent of the parties has been made available as a matrimonial relief under the hindu marriage act, 1955.
No petition for divorce to be presented within three years of marriage. Judicial separation under hindu marriage act, 1955 our. Adultery the act of indulging in any kind of sexual relationship including intercourse outside marriage. Joint petition under section b, of the hindu marriage act, 1955. 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 hindu marriage act defines divorce as a dissolution of marriage. 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. 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. What are the grounds of divorce under the hindu marriage act, 1955. Grounds for divorce under the hindu marriage act futurescopes. For this section to apply there are certain requirements which have to be met and fulfilled by both the parties to the divorce which can be stated as follows. This also discusses the historical background, sociological aspects of divorce and also few cases related to it. In india, the fault theory works in the matter of the divorce.
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 b of the hindu marriage act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Jun 10, 2017 therefore, the ancient hindu law does not recognise divorce. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. An act to amend and codify the law relating to marriage among hindus. 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. Hindu marriage act, 1955 bare act with downloadable pdf. The wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. The hindu marriage act, 1955 act 25 of 195518th may, 1955. 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 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Petition for dissolution of marriage by a decree of divorce by mutual consent under section b 1 of the hindu marriage act, 1955 no.
Divorce 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. It enacts that any marriage solemnized whether before or after the commencement of the act may be dissolved on a petition presented either by the husband or by the wife on any of the grounds specified therein. The reason for the presence of such a provision under hindu marriage act. Divorce under hindu marriage act, 1955 divorce adultery.
By 1976 amendment, the cruelty was made ground for divorce. Hindu marriage act 1955 pdf free download notes finance. Also such rules governing customary law under which divorce may be granted should be certain and not opposed to public policy. Stey by step procedure to file for a mutual divorce.
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 by mutual consent in india step by step procedure. Judicial separation and divorce in india as per hindu marriage act. 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 was only a ground for claiming judicial separation under section 10 of the act.
Judicial separation is a sort of a last resort before the actual legal break up of marriage i. Home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. Grounds for divorce under hindu marriage act 1955 and special. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition. Divorce under hindu marriage act, 1955 free download as pdf file. Petition for divorce under section b hindu marriage act. Here we have also given some reference books and related books pdf.