Divorce is defined under section of the hindu marriage act, 1955. A contested divorce is provided in section of the hindu marriage act, 1955. 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. 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. The guilt or fault theory was also adopted by us without much ado. Any spouse cannot come to court for divorce decree by citing any reason which they think are good enough to legally separate them from their partner. Short title and extent 1 this act may be called the hindu marriage act. As per the provision of the hindu marriage act, 1955, a marriage is called valid subject to the fulfillment of the following conditions. Marriages under special marriage act not governed by.
As per section 1, either party to the marriage can present the petition for divorce on the ground of adultery of the other party. A mobile friendly pdf file of the hindu marriage act marriage laws amendment bill, 2010 marriage laws amendment, divorce. The procedure for legal contested divorce in delhi starts by either the husband or wife engaging a lawyer, who will draft a divorce petition as per the facts narrated by the person and on the basis of the grounds provided under section of the hindu marriage act, 1955 before a family court judge as per the territorial jurisdiction. Grounds for divorce under the hindu marriage act,1955. The governing of all marriages of the hindu religion in india is done under the hindu marriage act 1955. Meaning of divorce section any marriage solemnized whether before or after the commencement of the hindu marriage act, 1955 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. Under the hindu marriage act, there are nine major grounds on which the marriage may be dissolved by a decree of divorce 1. There are several grounds over which a solemnized marriage can be dissolved. The first of these is marital infidelity in which case the petitioner can seek divorce on the basis that hisher spouse who is the respondent had voluntary sexual intercourse with any person other than the spouse after the.
Grounds for divorce under the hindu marriage act, 1955. Section 15 of the hindu marriage act 1955 divorced. Divorce structure of the hindu marriage act, 1955 and special. Every aspect of a marriage including husband, wife, marriage, commitment, sex and child rearing are covered under this act. Ground for divorce under the hindu marriage act 1955. Section b of the hindu marriage act, 1955 covers this aspect. Hm act divorce and grounds of divorce under section of. These rules may be called the hindu marriage and divorce rules, 1956. Newly married couples cannot file a petition for divorce within one year of marriage. Section of hindu marriage act 1955 section of hindu marriage act runs as follows 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. 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. A unique feature of the special marriage act is compulsory registration of marriage under the act, which protects the interest of the parties and children born in the wedlock. Section 19 of the act provides for the court to which petition under this act shall be presented.
Section 1 i of the hindu marriage act, 1955 describes adultery as 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 has, after the solemnisation of the marriage, had. Custody of children after divorce in india section 26 of hindu marriage act, 1955 article shared by under section 26 of the act, the court has been empowered to pass any order or make any arrangement in respect of custody, maintenance and education of children during the pendency of the proceedings or after any decree is passed under the. Conversion, as a ground for divorce, had been defined under section 1 ii of the hindu marriage act 1955. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent. What the section provides for is that the party needs to have deserted the. The hindu marriage act, 1955 lays down the law for 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. It is a well known saying that marriages are made in heaven but when they turn into hell, parties seek a. Section 5 of the hindu marriage act 1955 conditions.
Hindu marriage act, 1955 with pdf download updated 2019. Adultery a matrimonial offence across all religious laws. The hindu marriage act 1955 law relating to marriage among hindus. Hindu marriage act 1955,ke anusar divorce ke adharground. In respect of grounds of divorce in the hindu marriage act, what we did was to adopt a conservative stance and made all the three traditional fault grounds of divorce, i. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. If one of the spouses within the matrimonial bond ceases to be a hindu and converts into another religion then the very essence of the hindu marriage act gets destroyed. Under section of the act, the grounds for divorce include. Divorce law india,divorce lawyers in delhi,india,annulment of marriage,nullity of marriage,child custody,mutual consent divorce,marriage conjugal right,maintenance for wife and children. What are the grounds for a divorce in the indian marriage. If the couple got married in traditional hindu manner and had lived a.
If the couple got married in traditional hindu manner and had lived a considerable part of their matrimonial life in india. Divorce by mutual consent hindu marriage act 1955 srd. Grounds for divorce under hindu marriage act 1955 and. As the law regulating the divorce procedure differs d. In early days hindu marriage was conducted on the basis of customs and usages. A marriage between the parties one of whom at least is a citizen of india, under which the nri marriage commonly comes, will be solemnized under the following laws. Hindu marriage act pdf download hindu marriage act 1955.
In india, the marriage and divorce laws are the personal laws, regulated by customs and codified by the legislature. It is a process, by which the physical union of a man and woman is. The hindu marriage act1955 advocatetanmoy law library. This jurisdiction applies to a marriage solemnized under this act only. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. As in india each citizen is allowed to be dealt under personal laws relevant to. No petition for divorce to be presented within one year of marriage.
Contested divorce under hindu marriage act, 1955 legistify. Marriage act, 1955, of india, or any enactment substituted for that. Custody of children after divorce in india section 26 of. On the grounds of cruelty under indian divorce act, 1869. Three other important acts were also enacted as part of the hindu code bills during this time.
The nature of desertion as a matrimonial offence was elaborately expounded by sinha, j, in bipinchandra v. All the religions have almost similar grounds of divorce except for muslims. On the grounds of cruelty us1ia of the hindu marriage act, 1955. 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. Section 5 of the act of 1955 prescribes conditions for a valid hindu marriage. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely i neither party has a spouse living at the time of marriage. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. Under the matrimonial causes act, 1857, adultery was recognized as the main ground of divorce. Hindu marriage act 1955 complete act citation 50935.
Grounds for divorce as per hindu marriage act in delhi. Section in the hindu marriage act, 1955 indian kanoon. Section 2 of the hindu marriage act 1955 and its applicability to religions. The hindu marriage act is an act of the parliament of india enacted in 1955. Section of the hindu marriage act, 1955 divorce and grounds of divorce. Various grounds for obtaining divorce under hindu marriage. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. Divorce on irretrievable breakdown of marriage ias parliament. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction.
Grounds of divorce for nris under hindu marriage act, 1955. Hindu marriage law hindu marriage act, 1955 indian. 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. What are the conditions for a hindu marriage as per the hindu marriage act 1955. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Every petition under the act shall be filed with the district court family courts within the local limits of whose ordinary civil jurisdiction. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself. There are some grounds given in section on which any spouses can come to the court for getting a divorce decree. Be it enacted by the parliament in sixth year of the republic of india as follows.
The provision related to the concept of divorce was introduced by the hindu marriage act, 1955. He also throws light upon the need for uniform civil code in matters relating to divorce. Essay on the nature of legal desertion under hindu. Decree in divorce proceeding in hindu marriage act 1955. 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. Section19 court to which petition shall be presented. Here is your essay on the nature of legal desertion under hindu marriage act, 1955. Summary of hindu marriage act, 1955 your article library. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955.