It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Hindu marriage act 1955 section citation 8817 bare act. This appeal by the wife is sequel to a divorce petition under section 1 ia of the hindu marriage act, 1955 the act filed by the husband on the ground of mental cruelty. Explanation of the conditions of hindu marriage under. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year. Section 1 in the hindu marriage act, 1955 indian kanoon. Divorce on ground of cruelty under hindu marriage act. The brief facts are that the parties got married on 1 st may 1987. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. In the matter of divorce of the petitioner with the respondent on grounds of cruelty. It is a good ground for the spouse to take divorce. These are bare act provisions of section of the hindu marriage act, 1955. Intention to be cruel is not an essential element of cruelty as envisaged under section 1 ia of the act.
Hm act divorce and grounds of divorce under section of the. Hindu marriage act 1955 section 28 appeals from decrees and. Mar 21, 2019 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. Hindu marriage act, 1955, section 1ia divorce cruelty petition by husband vague and trivial allegations made by husband against wife no evidence placed on record by husband that wife filed false and defamatory complainants against him very fact that wife had filed a petition for restitution of conjugal rights goes to show. 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 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. Eg if a hindu took christianity, heshe ceased to be a hindu. Alternate relief in divorce proceedings is under section a of the hindu marriage act 1955. It is a landmark in the history of social legislation. Application for divorce petition format legal news law. 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.
Hindu marriage act, 1955 has reformed hindu law of marriage. Explanation of the conditions of hindu marriage under hindu. It is a process by which a person gets converted from one religion to another. Hindu marriage act 1955 section citation 8817 bare. Divorce section in the hindu marriage act divorce.
Section 1ia of the hindu marriage act 1955 archives. The hindu marriage act, 1955 permitted divorce to all the hindus on certain reasonable grounds. Be it enacted by parliament in the sixth year of the republic of india as follows. 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. May 18, 2016 i 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. Marriage act, by sri rudra rai hereinafter referred to as the. 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. In august 2009, she had filed a divorce petition under section 1ia of the hindu marriage act, 1955 which was allowed by the additional district judge and thus their marriage was dissolved. The first appellate court reversed the findings of the trial court and granted the divorce on the ground of mental cruelty. Sec 1 of the hindu marriage act short title and extent.
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. Legal provisions of section 15 of the hindu marriage act, 1955. Under section ii of the hindu marriage act, 1955 if the respondent has ceased to be hindu by conversion to another religion, divorce may be obtained. This appeal by the wife is sequel to a divorce petition under section 1ia of the hindu marriage act, 1955 the act filed by the husband on the ground of mental cruelty. Section, and in the case of a wife also on any of the grounds might have been. 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.
In august 2009, she had filed a divorce petition under section 1 ia of the hindu marriage act, 1955 which was allowed by the additional district judge and thus their marriage was dissolved. Here we have also given some reference books and related books pdf. Section of the hindu marriage act, 1955 divorce and grounds of divorce. Petition under section of hindu marriage act 1955 by a hindu wife for dissolution of marriage by a decree of divorce. Petition for divorce under section hindu marriage act. The cruelty may be mental or physical, intentional or unintentional.
The wife petitioned for divorce on the ground of her husbands cruelty under section 1ia of the hindu marriage act. Grounds for divorce under the hindu marriage act, 1955. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. Marriage act,1955 for dissolution of marriage by decree of the divorce and also for granting. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Hindu marriage act 1955 section 28 appeals from decrees. Petition for divorce under section hindu marriage act 1955. Mar 01, 2017 it is a process by which a person gets converted from one religion to another. Mar 11, 2016 it is, therefore, prayed that a decree for divorce under section of the hindu marriage act, 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition. What is divorce by mutual consent as per section b of the hindu marriage act 1955.
Short title and extent 1 this act may be called the hindu marriage act, 1955. Hindu marriage act, 1955, section divorce petition by husband husband remarried after getting ex parte decree and first child begotten from said marriage marriage between parties irretrievably broken down it is thus, appropriate to end the relationship between husband and wife and dissolve their marriage however, since. The additional district judge dismissed the petition. When we go for the interpretation of the section 1 ia of the hindu marriage act1955 we can find that the cruelty cannot be restricted in a boundary of physical harm but it has the meaning beyond that. 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. Cruelty as a ground for divorce legal service india. 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.
Three other important acts were also enacted as part of the hindu code bills during this time. Bigamy now punished under the indian penal code, 1860. 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. The hindu marriage contemplated by the act hardly remains sacramental. Feb 14, 2017 grounds of divorce under hindu marriage act. Section in the hindu marriage act, 1955 indian kanoon. Alternate relief and divorce by mutual consent of husband and wife. Section 1 ia and ib of the hindu marriage act, 1955. Legal provisions of section 19 of the hindu marriage act, 1955.
What the section provides for is that the party needs to have deserted the. When we go for the interpretation of the section 1ia of the hindu marriage act1955 we can find that the cruelty cannot be restricted in a boundary of physical harm but it has the meaning beyond that. While deciding an appeal filed under section 28 of the hindu marriage act, 1955, a division bench comprising of l. On the grounds of cruelty us1ia of the hindu marriage act, 1955. Hindu marriage act,1955 and special marriage act, 1954. Under the hindu marriage act, 1955, cruelty was one of the ground. The procedure to file for the divorce process is simpler when the parties consent to the divorce. Divorce petition by hindu wife on the grounds of cruelty.
Divorce sections 1, 2, 1a, a, b repudiation of marriage option of puberty, section 24 divorce by mutual consent section b hindu marriage act, 1955, sections. Feb 07, 2018 explanation of restitution of conjugal rights. Explanation of the conditions of hindu marriage under hindu marriage act, 1955 are listed below. Hm act divorce and grounds of divorce under section of. It is, therefore, prayed that a decree for divorce under section of the hindu marriage act, 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. On the grounds of cruelty us1 ia of the hindu marriage act, 1955. Mutual consent divorce or divorce by mutual consent is sought under section b of the hindu marriage act, 1955 where both the parties mutually agree to dissolve the marriage amicably. Perhaps this permission was given for the first time in. 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.
The provisions of section shall be discussed in upcoming articles. The interesting factual matrix of the case is that, earlier, the appellant was married to one rachna agarwal. If any proceeding 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 subsection 1 of section, the court may, if it. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu marriage act, 1955. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. Impediments to the adoption of a son, section eleven 1 the hindu minority and guardianship act, 1956. Perhaps this permission was given for the first time in the history of hindu law. If it is physical, the court will have no problem to determine it. Please click on the below links for more information. Grounds of divorce as per the hindu marriage act adultery. An act to amend and codify the law relating to marriage among hindus.
Hindu marriage act, 1955, section 1 ia divorce cruelty petition by husband vague and trivial allegations made by husband against wife no evidence placed on record by husband that wife filed false and defamatory complainants against him very fact that wife had filed a petition for restitution of conjugal rights goes to show. People who are searching for hindu marriage act 1955 book pdf can find here. Section 1 ia ib of hindu marriage act, 1955 for short the act seeking divorce against the respondent, was dismissed. It is sufficient that if the cruelty is of such type that it. The hindu marriage act,1955 law commission of india. The hindu marriage act is an act of the parliament of india enacted in 1955. This case was registered on filing of a petition us 1 ia of hindu.
827 660 1381 1006 582 957 1564 335 877 43 314 1240 739 544 1659 529 1655 938 532 835 524 944 144 1287 1022 891 1314 598