A uniform and comprehensive law governing all hindus. The special marriage act1954 marriage, divorce lawyers. Summary of hindu marriage act, 1955 your article library. Section of the hindu marriage act 1955 deals with the various grounds of divorce. This clause applies whether the marriage was solemnized before or after the commencement 11 of the marriage laws amendment act, 1976 68. 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 ancient hindu law was unknown to the concept of divorce earlier and. Adultery the act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Under the hindu marriage act, 1955 cruelty was not a ground for divorce but only for judicial separation. Section in the hindu marriage act, 1955 indian kanoon. This case was registered on filing of a petition us 1 ia of hindu.
Section 22 of hindu marriage act 1955 and the case of dashrath vs guru 1972 orrisa and kadam vs jeetan 1973 of patna given the answer of this question. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. Short title and extent 1 this act may be called the hindu marriage act, 1955. Judicial separation is a sort of a last resort before the actual legal break up of marriage i. Here is your essay on the nature of legal desertion under hindu marriage act, 1955. Matrimonial reliefs and remedies under hindu marriage act. Divorce under hindu marriage act,1955 law for women. Judicial separation and divorce in india as per hindu marriage act. It is the very foundation of a stable family and civilised society. In the matter of divorce of the petitioner with the respondent on grounds of cruelty. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. Roman catholics do not come under the purview of any divorce proceedings since the roman catholic church has not recognise divorce. Below mumbai hc judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as. Desertion cannot be made out by a single act but, it is a.
The nature of desertion as a matrimonial offence was elaborately expounded by sinha, j, in bipinchandra v. Act, hindu adoption and maintenance act and code of criminal procedure. The hindu marriage act, 1955 as amended by the marriage laws amendment. It enacts that any marriage solemnized whether before or after the commencement of the act may be dissolved on a petition presented either by the husband or by the wife on any of the grounds specified therein. The law of desertion indeed froms a significant part of divorce provisions inasmuch as the. 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. November 30, 2014 if your spouse has left you without giving any reasonable ground, the hindu marriage act 1955 gives you remedy in the form of section 9 under the restitution of conjugal rights. Grounds for divorce under the hindu marriage act, 1955. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. In this subsection, 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. In this subsection, the expression desertion means the desertion. Divorce means the dissolution of marriage by a competent court. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriage.
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 following are the grounds for divorce in india mentioned under the hindu marriage act, 1955. There was a necessity for codified law applicable to all hindus. The guilt or fault theory was also adopted by us without much ado. Hindu marriage act, 1955 wikisource, the free online library. An act to amend and codify the law relating to marriage among hindus. What the section provides for is that the party needs to have deserted the.
The hindu marriage act is an act of the parliament of india enacted in 1955. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. This ground for divorce has been included in the hindu marriage act only for the purpose of circumventing the provision of s. Essay on the nature of legal desertion under hindu. 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. Effect of marriage on member of undivided family the marriage solemnized under this act of any member of an undivided family who professes the hindu, buddhist, sikh or jaina religion shall be deemed to effect his severance from such family. Study material hindu marriage act delhi law academy.
Restitution of conjugal rights in hindu marriage act. Hindu marriage act,1955 and special marriage act, 1954. That 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too. The difference between the present act and the hindu marriage act arises primarily due to the fact that the hindu act requires the person affected with leprosy to be both a incurable and b virulent. The desertion is considered as one of the grounds for divorce. Under the hindu marriage act, 1955, a divorce petition can be filed by the parties only after. The reason for the presence of such a provision under hindu marriage act is the anxiety of the legislature that the tensions and wear and tear of every day life and the. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. Maintenance to wife is a very complicated issue under hindu marriage act. Pdf the dissolution of a hindu marriage by divorce. It gives status and security to the parties and their offspring.
Cruelty as a ground for divorce legal service india. Desertion as a ground for divorce explanation with. Study material and notes for state judiciary exams and judicial service exams of all states. Nonsupport is a crime in a majority of states but prosecutions are uncommon. Application for divorce petition format legal news law. Lenaola j held that the act applies to all ongoing divorce causes as far as practicable. The updating and uploading of rules, regulations, notifications, etc. They are colourful and all hindu law pdf look good on any device. In this subsection, the expression desertion means the desertion of the.
Section of the hindu marriage act deals with the grounds on which the parties can seek a decree of divorce from a competent court having jurisdiction to entertain such petition. Desertion is frequently coupled with nonsupport, which is a failure to provide monetary resources for those to whom such an obligation is due. 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. According to section 5 of the act marriage can be solemnised between two hindus. It is often said that marriage is performed or done for carrying on family lineage and procreation of children. Maintenance, personal laws, section hindu marriage act, desertion. In other words it is a total repudiation of the obligations of marriage. According to them a codified hindu law shall apply to such persons only when the central government notifies in the official gazette by a notification. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains.
Section 1 ib of the hindu marriage act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads. What are the main changes introduced in the hindu marriage. Divorce petition by hindu wife on the grounds of cruelty. On the grounds of cruelty us1ia of the hindu marriage act, 1955. The expression desertion means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the. Matrimonial remedies under hindu marriage act,1955 1.
Adultery is counted as a criminal offence and substantial. Can i get a divorce after 6 months of desertion with the. A marriage between a hindu man who converted as christian and a christian lady in a hindu form is not a valid marriage. Desertion is not the withdrawal from a place but from a state of things. Hindu marriage act as well as in the objection filed by the respondent, my learned.
Among these grounds, desertion is also an important ground which is given in section 1 iii. In hindu there are two statues which provide for maintenance, viz. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. It provides for various conditions which are necessary for desertion as a ground of divorce. Conversion as a ground for divorce, under the hindu act. While deciding an appeal filed under section 28 of the hindu marriage act, 1955, a division bench comprising of l. The special marriage act was passed in 1954 and the hindu marriage act, 1955. The reasons are almost similar to the ones under the hindu marriage act. Desertion as a ground is defined under section 1ib of the hindu marriage act, 1955. Section of the hindu marriage act provides for grant of divorce in certain cases.
By 1976 amendment, the cruelty was made ground for divorce. It was only a ground for claiming judicial separation under section 10 of the act. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession. A layman may think desertion as hisher spouse is living s. Grounds for divorce in india areas of law law library. Hindu marriage act, 1955 with pdf download updated 2019. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. It is a well known saying that marriages are made in heaven but when they turn into hell, parties seek a. Consequences of marriage under this act section 19. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz.
Under the hindu law, section 1 ib2 of the hindu marriage act, 1955 mentions desertion as a ground. It is often stated as a mean to exploit the husband by asking alimony for life. However under the sma, it seems there no special qualification for leprosy any type of leprosy will be a ground for divorce or judicial separation. The issue was whether the hindu marriages and divorce act repealed or the marriage act, 2014 applied to a divorce cause which was filed in 2008 before the commencement date. Matrimonial relief under the special marriage act, 1954. Hindu marriage act 1955 section citation 8817 bare. If one spouse by his or her words compels the other side to leave the. Desertion, for the purpose of seeking divorce under the act, means the intentional permanent forsaking and abandonment of one spouse by the other without that others consent and without reasonable cause. This was upheld by the supreme court in the case of narayan ganesh dastane v sucheta narayan dastane in 1975. Along with the two personal laws, the code of criminal procedure, 1973 also provides for maintenance of wives. Three other important acts were also enacted as part of the hindu code bills during this time. The indian divorce act deals with divorce among christians. Marriage act, by sri rudra rai hereinafter referred to as the.
192 39 680 1606 1047 712 1373 343 1593 221 1399 494 440 210 713 1176 380 343 997 70 271 801 971 250 2 987 666 57 1083 279 1496 1070