Jun 22, 20 section 1 ia ib of hindu marriage act, 1955 for short the act seeking divorce against the respondent, was dismissed. Aug 26, 2019 these are bare act provisions of section of the hindu marriage act, 1955. Among these grounds, desertion is also an important ground which is given in section 1 iii. Cruelty as a ground for divorce legal service india. In 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 considers it just so to do having regard to the circumstances. Under section b of the hindu marriage act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. 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. Hindu marriage act 1955 section citation 8817 bare act.
Irretrievable breakdown of marriage as ground of divorce. A, divorce, from the hindu marriage act, by advocate raman devgan. In case, you want us to suggest you a lawyer advocate, we can do it for you charges inr 5000. Grounds for divorcesection of hindu marriage act,1955. According to section of hindu marriage act, 1955 lays down as under. Petition under section 1 ib of the hindu marriage act for dissolution of marriage by mutual consent.
Application for divorce petition format legal news law. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. 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. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. 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. Six months waiting period in section b2 of hindu marriage. Cruelty has been understood to mean conduct which makes the. Section b2 of hindu marriage act for divorce by mutual.
Section 1ia of the hindu marriage act archives scc blog. Aug 25, 2018 the interesting factual matrix of the case is that, earlier, the appellant was married to one rachna agarwal. Section 1 ia and ib of the hindu marriage act, 1955. The hindu marriage act, 1955 originally contained two fault grounds in section 2 on which, a hindu wife alone could sue for divorce.
For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Provisions in section of the hindu marriage act, 1955. Divorce grounds for hindu marriage legal service india. Petition for divorce under section b hindu marriage act. Section 1ia of the hindu marriage act, 1955 provides for cruelty as a ground for seeking dissolution of a marriage by a decree of divorce. 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. The grounds for divorce as given under section 1 of the act. Cruelty for the purpose of section 1ia is to be taken as a behaviour by one spouse towards the other, which causes a reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. 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. Desertion as a ground for divorce explanation with relevant. These are bare act provisions of section of the hindu marriage act, 1955. Six months waiting period in section b2 of hindu marriage act for divorce by mutual consent not mandatory.
Latest judgments on divorce in india by divorce lawyers. Petition for divorce under section b hindu marriage act 1955. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. 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. Oct 05, 2017 section b2 of hindu marriage act for divorce by mutual consent not mandatory. The dutiful wives under the hindu marriage act, 1955. The interesting factual matrix of the case is that, earlier, the appellant was married to one rachna agarwal. Apr 16, 2018 section of the hindu marriage act 1955 deals with the various grounds of divorce. Grounds for divorcesection of hindu marriage act,1955 edu tainment. Mutual consent divorce petition format section 1b of. 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.
The expression cruelty has not been defined in the hindu marriage act. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. By the marriage laws amendment act 1976, the period of two years is reduced to one year. 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. The provisions of section shall be discussed in upcoming articles.
Desertion as a ground for divorce explanation with. Mutual consent means that both the parties agree for peaceful separation. In 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 sub section 1 of section , the court may, if it considers it just so to do having regard to the circumstances. The marriage between the respondent and the appellant was admittedly solemnized in accordance with the hindu religious rites. A husband who is at fault can not claim divorce the evidence of pw. Section 1ia of the hindu marriage act 1955 archives scc blog. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. Divorce 1 any marriage solemnized, whether before or after the. What constitutes cruelty, however, is subject to interpretation of the courts depending on the facts and circumstances of each to be case. Either party to the marriage, whether solemnized before or after. Divorce by mutual consent in india step by step procedure. By 1976 amendment, the cruelty was made ground for divorce. Aug 26, 2019 by the marriage laws amendment act 1976, the period of two years is reduced to one year. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt.
Costs, documents needed and steps involved finances in. This appeal arises out of a suit filed by the wife for obtaining a decree of divorce under section of the hindu marriage act. Divorce petition by hindu wife on the grounds of cruelty. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. What the section provides for is that the party needs to have deserted the. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Sep 12, 2017 six months waiting period in section b2 of hindu marriage act for divorce by mutual consent not mandatory.
Section in the hindu marriage act, 1955 indian kanoon. Section of the hindu marriage act 1955 deals with the various grounds of divorce. However, they were living separately since july 2014. Section, and in the case of a wife also on any of the grounds might have been. Hindu marriage act 1955 section citation 8817 bare. Grounds of divorce under hindu marriage act, 1955 indian divorce. A hindu marriage can be dissolved only on any of the grounds plainly and clearly enumerated under section of the hindu marriage act.
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. Petition for divorce under section hindu marriage act. The marriage laws amendment act, 1976 siff for mens. Divorce section in the hindu marriage act divorce. Section of the hindu marriage act, 1955 divorce and grounds of divorce. While deciding an appeal filed under section 28 of the hindu marriage act, 1955, a division bench comprising of l. Section 1 in the hindu marriage act, 1955 indian kanoon.
The appellant filed a divorce petition under section of hindu marriage act, it was pleaded that soon after the marriage, relations between the parties to. About three years after the marriage, he filed a petition civil proceeding no. An act to amend and codify the law relating to marriage among hindus. Section b of the hindu marriage act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint. In any proceedings 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 sub section 1 of section, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Section the hindu marriage act,1955 laws and bare. It actually means when a party to the marriage permanently leaves the other party without any valid reason and without the consent of another party. Section 1ia of the hindu marriage act 1955 archives. Section 27, hindu marriage act deals only with the property presented at or about the time of marriage and which belongs to the parties jointly.
Hm act divorce and grounds of divorce under section of. Divorce by mutual consent 1 subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976, on the ground that they have been living separately for. Section b2 of hindu marriage act for divorce by mutual consent not mandatory. Section b of hindu marriage act 1955, sections under which it is filed, section of hindu marriage act 1955. 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. Mar 19, 2015 divorce by mutual consent is addressed under s. Section, and in the case of a wife also on any of the grounds might have been presented. Section 1a introduced an element of breakdown theory in the hindu marriage act 1955. It was only a ground for claiming judicial separation under section 10 of the act. Petition for divorce under section hindu marriage act 1955.
Section 1 ia ib of hindu marriage act, 1955 for short the act seeking divorce against the respondent, was dismissed. In the matter of divorce of the petitioner with the respondent on grounds of cruelty. Section of hindu marriage act archives scc blog scc online. What are the grounds of divorce under the hindu marriage act.
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. Joint petition under section b, of the hindu marriage act, 1955. The present appellant as plaintiff instituted the suit o. 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. Prior to the 1976 amendment in the hindu marriage act, 1955 cruelty was not a ground for claiming divorce under the hindu marriage act. Under the hindu marriage act, 1955 both the husband and the wife have been. Hm act divorce and grounds of divorce under section of the.