How Hindu Marriage can be dissolved by Hindu Marriage Act, 1955 ?
- by Aditi-Harshraj
- Apr 15, 2020 14:03
Marriage is a sacrament that binds the two-person and their families even after death but after the Hindu Marriage Act, 1955 anyone can file a petition to dissolve their marriage.
Under sec 13 of the Hindu Marriage Act,1955 states that the ground at which marriage can be dissolved by a decree of divorce. The person just has to file a petition on the ground mentioned in sec 13(1) & 13(1A) for husband and wife while 13(2) for wife, before a District court having jurisdiction under this act. Dissolution of Marriage: Marriage can be dissolved on the ground mentioned under Sec 13 of this act and also by customary dissolution which can't be challenged under this act as Sec 29(2) of Hindu Marriage Act, 1955 stated that nothing in this act shall affect the right recognized by custom to obtain the dissolution of a Hindu Marriage.
As there is a custom among Sikh Hats if Amritsar that husband can dissolve the marriage by the written instrument is valid but the divorce before the Panchayat wasn't valid. Living of spouse separately can be ground for marriage According to Hindu Marriage Act, 1955 & special marriage act, Living of spouses separately for many years is no ground for dissolution of the marriage but In 2019, Supreme Court passed a Judgement that divorce can be granted if a marriage is totally unworkable, emotionally dead. Under Article 142 of the constitution of India, marriage can be dissolved which are beyond repair even if there are not enough grounds for divorce under sec 13 of this act. Sec 13(1)(i) of Hindu Marriage Act, 1955 - live in adultery Divorce can be filed on the ground that the other person is living in adultery Prior to the amendment, if the person is engaged in adultery then it would become the ground of Judicial Separation, not divorce and petitioner have to prove that the person is engaged in adultery, not was engaged.
But after the amendment in 1976, it is sufficient to prove that the respondent had voluntary sexual intercourse with any person other than the spouse & no need to prove live in adultery Unreasonable delay on filing a petition on the grounds of adultery wouldn't be permitted & divorce can't be granted. Sec 13(1)(i)(a) of Hindu Marriage Act, 1955 - Cruelty- The expression cruelty under this act means that any conduct which causes death to life, limb or health. In this sub-clause, divorce can be claimed on the ground that the respondent treated spouse with cruelty. The court will decide legal cruelty by taking everything into account such as social status, environment, mental & physical conditions of status. In nutshell, it means the Court will consider the whole matrimonial relationship. It is not compulsory that cruelty must be physical, mental cruelty can also become the ground such as violent behavior due to heavy drunkness, threat to commit suicide by a spouse, termination of pregnancy without the consent of partner, denial of sex from a spouse but demand for excessive sexual intercourse which affects the health of other spouse is cruelty & may become the ground for divorce. Sec 13(1)(i)(b) of Hindu Marriage Act, 1955 - Desertion Divorce can be filed on the ground of desertion but it will be completed after 2 years then only it will be approved.
To constitute desertion the parties must show their interest to live separately and intention to bring cohabitation to end permanently but mere physical separation without necessary intention wouldn't amount to septation. Sec 13(1)(ii) of the Hindu Marriage Act, 1955 states that divorce can be granted if the other party has ceased to be Hindu by conversion to another religion. Sec 13(1)(iii) of this act states that divorce can be granted if other party is of unsound mind & can't be recovered from it or suffering mental illness, arrested or incomplete development of mind or any other disorder where the person can't be reasonably expected to live with the respondent. There are other grounds on which divorce can be granted to Hindu under this Act. The wife can also file a petition if the husband had married again or any wife of his husband is alive. The petitioner can also file it's petition if the matter is reasonable. In nutshell, divorce can be granted if marriage is becoming deadlock for them.
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