Indian Divorce Under Hindu Marriage Act

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Indian Divorce Under Hindu Marriage Act

Unread postby Admin » Wed Dec 11, 2013 9:36 am

Grounds for Divorce
A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party
1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

Additional Grounds for Divorce by Wife

In addition to the grounds stated above a wife may also present a petition for the dissolution of her marriage on the following grounds.
1. Where the marriage was solemnized before the commencement of this Act, and the husband had married again before such commencement or that any other wife of the husband whom he had married before such commencement was alive at the time of the marriage. (In such a case its necessary that the other wife is alive at the time of presentation of the petition).
2. That the husband has after the marriage been guilty of rape, sodomy or bestiality.
3. That in a suit under S.18, Hindu Adoption and Maintenance Act, 1956 or in a proceeding under S. 125 Code of Criminal Procedure, 1973, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife not withstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.
4. That her marriage whether consummated or not was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.
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