Due to the criminal complaint filed by the wife, the husband remained in jail for 63 days and also his father and brother for 20 to 25 days. The Petitioner says that such cruelty has cause an apprehension in the mind of the Petitioner that it will be harmful and injurious for the Petitioner to continue to live with the respondent. Supreme Court held that: Article 14 is general and must be read with the other provisions which set out the ambit of fundamental rights. Can this be a reason for the appellant husband to abandon her and seek dissolution of marriage after the child is born out of their union? On the petition filed by the respondent- under section 10 of the Act seeking judicial separation on the ground of adultery on the part of the appellant a decree for judicial separation was passed by the High Court of Karnataka on 6. Application for Divorce How to file an application for divorce? Grounds for Divorce under the Indian Divorce Act, 1869 The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869. A decree nisi will be resounded where the respondent is proved to be alive before the decree made absolute.
Though the reasons for this may be justifiable, the woman here is always treated as a victim of the offence. The second marriage by a convert would therefore be in violation of the Act and as such void in terms of S. Therefore, even though the case of cruelty may not have been proved but as the facts emerging from the record clearly indicate that the living of the two as husband and wife would not only be difficult but impossible, the court has no alternative but to grant a decree of divorce; Poonam Gupta v. The divorce must be filed within two years of marriage. The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. In the said order the Court considering the petition filed by the respondent, ordered that the appellant shall pay as maintenance Rs. It has the potential to make or break a case.
Unsoundness of mind Prior to the Marriage Laws Amendment Act 1976, a petition for divorce might be presented by a spouse on the ground a that the respondent had been incurably of unsound mind, and b that the respondent had been so for a continuous period of not less than three years immediately before the filing of the petition. The onus of proving the absence of the respondent for the statutory period without being heard of as alive lies on the petitioner. Grounds for divorce: Under the Hindu Marriage Act, there are nine major grounds on which the marriage may be dissolved by a decree of divorce 1. The petitioner is required to give particulars relating to the last date of cohabitation, the date and place last seen the respondent and steps taken to trace the respondent. This expression implies that a single lapse from virtue even if true will not suffice, and it must be shown that the respondent was actually living in adultery with someone else at the time of the application. Under Section 13 1 iii of the Hindu Marriage Act, 1955, mental disorder' as a ground of divorce is only where it is of such a kind and degree that the appellant cannot reasonably be expected to live with the respondent.
Unless the entire genesis of the quarrels in the course of which, one of the spouses holds out a threat to take his or her life is placed before the court, the very fact that some threat in the course of a quarrel is held out, cannot be viewed in isolation or construed as mental cruelty to the other spouse; Nalini Sunder v. Non-compliance with a decree of restitution of conjugal rights Under cl ii of sub-sec. Virulent and incurable leprosy A petition for divorce may be presented by either party to the marriage on the ground that the respondent has been suffering from a virulent and incurable leprosy. It is submitted that the plain wordings of s. But if we look at other countries such as Malaysia, Hongkong and Singapore there adultery is not punishable at all. It may be mental such as indifference and frigidity towards wife, denial of a company to her, hatred and abhorrence for wife or physical, like acts of violence and abstinence from sexual intercourse without reasonable cause. 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:- i is living in adultery; or ii has ceased to be a Hindu by conversion to another religion; or iii has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or iv has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or v had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal 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; or viii has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or ix has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.
The onus of proving this is on the petitioner. Moreover, this right added by the 1976 amendment has only a retrospective effect i. If the wife can establish that the co-respondent raped her, then the husband would not be entitled to divorce. The presumption is drawn by reason of the fact that if the person were living, the person would probably have communicated with some of his or her friends and relatives. The following are the cases on the basis of which adultery as a ground of divorce can be analysed: - Earnest John White vs. Apart from these grounds, there are several other grounds under the Indian statute that provide for additional grounds for divorce.
It will allow the spouses or even to any one of the spouses to dissolve the marriage out of their own pleasure. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable. The identical expression of 'living in adultery' is to be found in s. Subsequently, the Court would proceed towards framing of issues and recording of evidence. Rape, Sodomy Or Bestiality Under this clause, a divorce petition can be presented if the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality. Firstly, if the other party, after the solemnisation of marriage had sexual intercourse with any person other than his or spouse or in other words has committed adultery, then a valid ground for divorce exists.
These rites and ceremonies include the Saptapadi and Kreva. · Adultery · Conversion to another religion · One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce. Seventhly, if after the passing of the decree of judicial separation, there has neither been a resumption of cohabitation between the two parties nor observance of conjugal rights for a period of one year or more, it becomes a ground for divorce. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of their relationship of their own free will. Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 10 of the Act. Another theory of divorce is that of mutual consent. After a decree for restitution of conjugal rights obtained by the wife under s.
In that case, the only option left is to apply for a Contested Divorce under the Hindu Marriage Act. No specific time frame can be assigned in this case and it depends on several factors. A marriage performed under the Act cannot be dissolved except on the ground available under S. The expression persistently means continue firmly or obstinately and the expression repeatedly means to say or do over again; Vimlesh v. · The husband has been under imprisonment for seven or more years.
If any of the party to marriage is not ready to live with the other party the relationship will not be a happy relationship. However for filing a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year. Non-compliance with a decree of judicial separation By sub-sec. Next, the Divorce Lawyer would be required to prepare a Divorce Petition as per the facts and circumstances narrated and explained by the person seeking the Contested Divorce. It is necessary to have a guilty and an innocent party, and only innocent party can seek the remedy of divorce.