Mar 19, 2015 divorce by mutual consent is addressed under s. 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. Legal provisions of section 19 of the hindu marriage act, 1955. Divorce on ground of cruelty under hindu marriage act. Section 1 in the hindu marriage act, 1955 indian kanoon. It is contended on behalf of the respondenthusband that section 23 1 a has no application to proceedings under section of the act subsequent to the amendment of section by act 44 of 1964 and act 68 of 1976. Form a application form for registration of hindu marriage. Divorce as per section a of the hindu marriage act 1955 and explanation to the grounds under which the parties to a marriage can put a petition for. 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.
Chapter iii divorce under hindu, muslim and christian religions. 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. To appreciate this contention, it is necessary to refer to a few relevant sections of the hindu marriage act. It is a landmark in the history of social legislation. The cruelty may be mental or physical, intentional or unintentional. 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. In section of the hindu marriage act, 1955, 25 of 1955 i in subsection 1.
Be it enacted by parliament in the sixth year of the republic of india as follows. 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. It was only a ground for claiming judicial separation under section 10 of the act. 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. Section 1ia of the hindu marriage act, 1955 provides for cruelty as a ground for the dissolution of marriage. 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. 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. Application for divorce petition format legal news law. Section 1ia of the hindu marriage act 1955 archives. Judicial separation divorce 1 section 10 of the hindu marriage act deals with judicial separation.
Remarks we hereby declare that the particulars mentioned above are correct to the best of our knowledge and belief that our marriage is one to which the hindu marriage act, 1955 central act xxv of 1995 applies and that we have fulfilled the conditions, laid in section 5, 6 or 15 wherever necessary. Though divorces may in some cases be a solution to help unhappy couples. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. Petition for divorce under section hindu marriage act 1955.
Section 5, 11, 17, 25 and 25 1 of hindu marriage act, 1955, section 488 of criminal procedure code, 1898, section 20 3 of hindu adoption and maintenance act of 1956, section 495 and 496 of indian penal code, 1860. As in the case of naveen kohli the court said physical violence is not absolutely essential to constitute cruelty, a consistent course of. Delhi hc issues guidelines for recording undertaking in divorce by mutual. 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. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year. Section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Hindu marriage act 1955 section divorce judgments. Petition for divorce under section b hindu marriage act 1955. The petitioner sri anjumani deka has filed the petition against the respondent bishnu ram deka us 1ia, 1ib of the hindu.
The husband filed the petition under section 1ib of hma against his wife, seeking dissolution of their marriage. 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. Nov 03, 2018 divorce as per section a of the hindu marriage act 1955 and explanation to the grounds under which the parties to a marriage can put a petition for decree for divorce. Prior to the 1976 amendment in the hindu marriage act, 1955 cruelty was not a ground for claiming divorce under the hindu marriage act. The provisions of section shall be discussed in upcoming articles. Petition for divorce under section b hindu marriage act. 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. Divorce on cruelty grounds us 1ia hindu marriage act. Whether the second wife whose marriage is void in view of the provisions of. An act to amend and codify the law relating to marriage among hindus. Sep 12, 2017 section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Under section b1, a divorce petition can be moved by a couple following a judicial separation of one year. This case was registered on filing of a petition us 1 ia of hindu.
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. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Divorce petition by hindu wife on the grounds of cruelty. 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. Mar 01, 2017 judicial separation divorce 1 section 10 of the hindu marriage act deals with judicial separation. Feb 14, 2017 grounds of divorce under hindu marriage act.
All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled. Learn about the most important hindu marriage act section 9. Cruelty as a ground for divorce legal service india. 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. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. 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. Short title and extent 1 this act may be called the hindu marriage act, 1955. Frequently asked questions on hindu marriage act, 1955. Aug 12, 2017 an act further to amend the hindu marriage act, 1955. Restitution of conjugal rights section 9 judicial separation sections 10 and ia 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. Alternate relief in divorce proceedings is under section a of the hindu marriage act 1955. Joint petition under section b, of the hindu marriage act, 1955.
For such a relief a separate suit is to be instituted one year after the decree of judicial separation. Application form for registration of marriage under. Hindu marriage act 1955 section citation 8817 bare. Petition for divorce under section hindu marriage act. On the grounds of cruelty us1ia of the hindu marriage act, 1955. An act further to amend the hindu marriage act, 1955. The brief facts are that the parties got married on 1 st may 1987. Hindu marriage act,1955 and special marriage act, 1954. 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 ia of the hindu marriage act, 1955 provides for cruelty as a ground for the dissolution of marriage.
Application form for registration of marriage under section 8 of. Hm act divorce and grounds of divorce under section of. Alternate relief and divorce by mutual consent of husband and wife. 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. By 1976 amendment, the cruelty was made ground for divorce. Be it enacted by parliament in the fifteenth year of the republic of india as follows. Divorce section in the hindu marriage act divorce. The relief of divorce under section 1a i cannot be obtained in the same proceeding in which the decree of judicial separation has been passed. The hindu marriage contemplated by the act hardly remains sacramental. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. In this we have given some important books on hindu marriage act 1955 text book.
This act may be called the hindu marriage amendment act, 1954, amendment of section. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree for divorce, but thought it appropriate to pass a decree of judicial separation instead whether a marriage which is otherwise dead emotionally and. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago. Sc cuts down waiting period for divorce under hindu law by. 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. Hindu marriage act 1955 pdf book is free and available for everyone to download as a pdf.
Section 1 1a 1b of the hindu marriage act for dissolution of the marriage. Also download hindu marriage act 1955 text book pdf. 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. Legal provisions of section 15 of the hindu marriage act, 1955. These are bare act provisions of section of the hindu marriage act, 1955. Hindu marriage act, 1955 has reformed hindu law of marriage. 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. Hm act divorce and grounds of divorce under section of the. Cruelty has no where been defined in the act, and rightly so, as it is difficult to put the concept in a strait jacket formula. Under section b 1, a divorce petition can be moved by a couple following a judicial separation of one year. 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.
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. Section in the hindu marriage act, 1955 indian kanoon. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. Section of the hindu marriage act, 1955 divorce and grounds of divorce. 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. The interesting factual matrix of the case is that, earlier, the appellant was married to one rachna agarwal. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. Section, and in the case of a wife also on any of the grounds might have been. Marriage act, by sri rudra rai hereinafter referred to as the. What is divorce by mutual consent as per section b of the hindu marriage act 1955.
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