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How Divorce can be obtained? What are the grounds for Divorce as per Section 13 of The Hindu Marriage Act 1955. Divorce Petition and grounds to file divorce petition.

Either the husband or wife can file petition for divorce as per section 13 of the Act on any grounds specified under subsections of this Act. Conditions and Provisions related to divorce of marriage under Section 13 of this Act are.

Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce.
Section 13 (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-

(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from veneral disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

Explanation.- In this sub-section, 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, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

 

(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition;

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards ;or

(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Law (Amendment) Act, 1976.

   
 

The Hindu Marriage Act 1955 Law relating to marriage among Hindus

Whom Hindu Marriage Act 1955 applicable to? Section 2 of the Hindu Marriage Act 1955 and its applicability to religions.

What are the conditions for a Hindu Marriage as per The Hindu Marriage Act 1955? Section 5 of the Hindu Marriage Act 1955 Conditions.

Is it necessary to Register a Hindu marriage? Registration Requirement of Hindu Marriage as per Section 8 of the Hindu Marriage Act 1955

What is restitution of conjugal rights? Section 9 of The Hindu Marriage Act 1955. What is Judicial Separation? Section 10 of The Hindu Marriage Act 1955

What is Nullity of Marriage and Divorce? Section 11 of The Hindu Marriage Act 1955. What is Voidable Marriage ? Section 12 of The Hindu Marriage Act 1955

How Divorce can be obtained? What are the grounds for Divorce as per Section 13 of The Hindu Marriage Act 1955. Divorce Petition and grounds to file divorce petition

What is Alternate Relief in Divorce Proceedings? Section 13A of the Hindu Marriage Act 1955. What is divorce by Mutual Consent as per Section 13B of The Hindu Marriage Act 1955. Alternate relief and Divorce by mutual consent of husband and wife.

What is the time limit to file Divorce Petition? When can a divorce petition be filed? Section 14 of The Hindu Marriage Act 1955

When a divorced person marry again? What is the time limit for remarriage? Section 15 of The Hindu Marriage Act 1955

What is the legitimacy of children of void and voidable marriages? Section 16 of The Hindu Marriage Act 1955

What is the punishment for bigamy? Section 17 of The Hindu Marriage Act 1955. Punishment for bigamy under Hindu Law and Indian Penal Code section 494 and 495.

What is the punishment for contravention of provisions in the Hindu Marriage Act? Section 18 of The Hindu Marriage Act 1955. Punishment for violation of Provisions in the Act

In which court petition under the Hindu Marriage Act shall be presented ? Section 19 of The Hindu Marriage Act 1955. Contents and Verification of petitions

What is application of Act 5 of 1908? Power to transfer petition in certain cases. Special provision related to trial and disposal under the Act and Documentary evidence. Section 21, 21A, 21B & 21C of The Hindu Marriage Act 1955

Can proceeding recorded in camera be published or printed? Proceedings to be in camera may not be printed or published. Section 22 of The Hindu Marriage Act 1955

Decree in Proceedings. Section 23 of The Hindu Marriage Act 1955

Who will pay proceeding expenses? Section 24, What is permanent alimony and Maintenance? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 26 of The Hindu Marriage Act 1955. Disposal of property under section 27 of the Act

How to file appeal against Decrees made by the Court against any proceedings under the Hindu Marriage Act 1955? Enforcement of Decrees and Orders. Section 28 and 28A of the Act

Whether the marriage solemnized between Hindus before the commencement of The Hindu Marriage Act 1955 is valid? Section 29 Savings

 

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