Termination of Hindu marriage

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Termination of Hindu marriage

Unread postby Admin » Sat Jul 22, 2017 6:54 am

Termination of Hindu marriage.
Under section 12 of Hindu Marriage Act 2017
(1) Any Hindu marriage solemnized whether before or after commencement of this Act may, on a petition presented to the Court by either a husband or a wife, be terminated by decree of termination of marriage on the ground,---
(a) that the other party,---
(i) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ii) has deserted the petitioner for continuous period of not less than two years immediately proceeding the presentation of the petition:---
Explanation.—In this clause, the expression ”desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the Marriage; or
(iii) has ceased to be Hindu by conversion to another religion; or
(iv) has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent;
Explanation.—In this clause, the expression “mental disorder” means mental other disorder or disability of mind including schizophrenia and the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether illness, arrested or incomplete development of mind, psychopathic disorder or any or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or
(v) has been suffering from a virulent and incurable from of leprosy; or
(vi) has been suffering from venereal disease in a communicable from or HIV Aids; or
(vii) has renounced the world by entering any religious order; or
(b) that there has been no resumption of cohabitation as between the parties to the marriage for a period of more than one year after he passing of decree for judicial separation or order of restitution of conjugal rights passed by the Court.
(2) A wife may also present a petition for termination of her marriage on the grounds,---
(a) in the case of any marriage solemnized before commencement of this Act, that the husband had married again before such commencement or that another wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:---
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(b) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
(c) that the husband has been sentenced to imprisonment for a period of four years or upwards; or
(d) that her marriage, whether consummated or not, was solemnized before she attained the age of eighteen’ years and she has repudiated the marriage before attaining that age;
Explanation.—This clause .aplies whether the marriage was solemnized before or after commencement of this Act.
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