Alternate Relief in Divorce Proceedings is under Section 13A of the Hindu Marriage Act 1955. Provisions related to Alternate Relief in Divorce Proceedings under this Act are.
Section 13-A of The Hindu Marriage Act, 1955. Alternate Relief in Divorce Proceedings.
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 sub-section (1) of Section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.
Section 13B - Divorce by mutual consent.
The husband and wife with mutual consent can file a divorce petition after one year of the marriage under the provisions of Section 13B of the Hindu Marriage Act, 1955. The Provisions for divorce by mutual consent are:
Section 13B (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 a period of one year or more, that
they have not been able to live together and that they have
mutually agreed that the marriage should be dissolved.
Section 13 (2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
The Hindu Marriage Act (HMA) 1955
Section 2. Application of the Act
Section 3 and 4 of Hindu Marriage Act 1955
Section 5 Conditions for Hindu Marriage.
Section 6 and 7 of Hindu Marriage Act 1955
Section 8 Registration of Hindu Marriages
Section 9 Restitution of Conjugal Rights
Section 10 Judicial Separation
Section 11 Nullity of Marriage and Divorce- Void Marriages
Section 13A Alternate Relief in Divorce Proceedings
Section 13B Divorce by Mutual Consent
Section 14 No Petition for Divorce to be Presented within one year of Marriage
Section 15 Divorced Person, When may marry again
Section 16 Legitimacy of Children of Void and Voidable Marriages
Section 17 Punishment for Bigamy
Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act
Section 19 Court to which Petition shall be presented
Section 20 Contents and Verification of Petitions
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer Petitions in Certain Cases
Section 21B Special Provision relating to trial and disposal of Petitions under the Act
Section 21C Documentary Evidence
Section 22 Proceedings to be recorded and may not be Printed or published
Section 23 Decree of Proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance, Pendente lite and Expenses for Proceedings
Section 25 Permanent Alimony and Maintenance
Section 26 Custody of Children
Section 27 Disposal of Property
Section 28 Appeals from Decrees and Orders
Section 28A Enforcement of Decrees and Orders