Hindu marriage act 1955 section 28 appeals from decrees. And whereas there is a need to create a uniform mechanism for registration of hindu marriages and for matters which are incidental or ancillary thereto. This clause applies whether the marriage was solemnized before or after the commencement 11 of the marriage laws amendment act, 1976 68 of 1976. Hm act divorce and grounds of divorce under section of the. An act to amend and codify the law relating to marriage among hindus. The hindu marriage act is an act of the parliament of india enacted in 1955. The brief facts are that the parties got married on 1 st may 1987. Short title this act may be cited as the hindu marriage and.
Petition for divorce under section hindu marriage act 1955. It is sufficient that if the cruelty is of such type that it. This act may be called the hindu marriage amendment act, 1954, amendment of section. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. The amendment was to the effect that in subsection 1 of section, after clause a, clause i a was inserted as under. Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. The applicanthusband filed an application under section 1 ia of the hindu marriage act, 1955 herein after referred as the act, 1955 for brevity on the ground of cruelty against the nonapplicant wife. Intention to be cruel is not an essential element of cruelty as envisaged under section 1 ia of the act. Grounds for divorce under the hindu marriage act, 1955. Three other important acts were also enacted as part of the hindu code bills during this time.
Hereto annexed and marked exhibit a is a copy of the marriage certificate evidencing the said marriage. Hindu marriage act, 1955, section 1 ia, 1ib, 231a divorce cruelty and desertion petition by husband husband after birth of child had not taken any step to see child till the date of his deposition in court such a conduct along with prayer to make dna test amounts to humiliate wife and child in public eyes in society a. It is contended in the application that after their marriage it was normal for few days but later the behaviour of the nonapplicant. The marriage laws amendment act, 1976 siff for mens.
The provisions of section shall be discussed in upcoming articles. Be it enacted by parliament in the fifteenth year of the republic of india as follows. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a petition for restitution of. This case was registered on filing of a petition us 1 ia of hindu. Section, and in the case of a wife also on any of the grounds might have been. 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. 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. Feb 12, 2018 cruelty which is not defined in section 1 1a of the hindu marriage act and section 27 1 of the special marriage act and cruelty which is explained in section 2viii of the dissolution of muslim marriage act and section 10 1 x of the divorce act must all take inspiration from such understanding of matrimonial cruelty. Impediments to the adoption of a son, section eleven 1.
Hindu marriage act, 1955, section 1 ia, 1 ib, 23 1 a divorce cruelty and desertion petition by husband husband after birth of child had not taken any step to see child till the date of his deposition in court such a conduct along with prayer to make dna test amounts to humiliate wife and child in public eyes in society a. Section 11a1b of the hindu marriage act for dissolution of the marriage. Section 1 ia ib of hindu marriage act, 1955 for short the act seeking divorce against the respondent, was dismissed. Sec of the hindu marriage act details the grounds available to husband and wife to initiate divorce proceedings. Divorce section 1 ia ib of the hindu marriage act, 1955 for short the act. Section 1 in the hindu marriage act, 1955 1 any marriage solemnised, 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. Divorce on cruelty grounds us 1ia hindu marriage act. The cruelty may be mental or physical, intentional or unintentional. Jan 11, 20 the wife petitioned for divorce on the ground of her husbands cruelty under section 1 ia of the hindu marriage act.
Husband failed to deny the allegations made by wife, he failed exam any one from his family. Latest judgments on divorce in india by divorce lawyers. In section of the hindu marriage act, 1955, 25 of 1955 i in subsection 1. In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under section 1 of the hindu marriage act. What does case disposed uncontested otherwise means. Substituted by act 68 of 1976, section 7, for the clause i w. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Section 1 ia of the hindu marriage act, 1955 provides for cruelty as a ground for the dissolution of marriage. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Oct 09, 2016 in hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code. 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. Section of the hindu marriage act, 1955 divorce and grounds of divorce. Perhaps this permission was given for the first time in the history of hindu law. A husband who is at fault can not claim divorce the evidence of pw.
Here we have also given some reference books and related books pdf. In 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 subsection 1 of section, the court may, if it considers it just so to do having regard to the circumstances. Hindu marriage act 1955 section citation 8817 bare act. Hindu marriage act, 1955 has reformed hindu law of marriage.
When we get married after ex parti divorce on the section hindu marriage act1 iaib. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. Short title and extent 1 this act may be called the hindu marriage act. The additional district judge dismissed the petition. Section 1ia of the hindu marriage act 1955 archives scc blog. It is a landmark in the history of social legislation. Hindu marriage act, 1955, section , 15, civil procedure code, 1908, order 9, rule ex parte decree of divorce remarriage during pendency of application to set aside ex parte decree remarriage after receipt of notice of application to set aside ex parte decree an incapacity for second marriage for a certain period does not have. Mar 11, 2016 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. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. Jul 28, 2000 3 through this transfer petition the petitionerwife seeks transfer of the divorce petition filed by the respondenthusband under section 1 ia of the hindu marriage act to the court of additional district judge, panchkula, where the petition under section 9 of the hindu marriage act is already pending. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage.
It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a. Adultery the act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and seek the remedy of divorce. Short title and extent 1 this act may be called the hindu marriage act, 1955. Judicial separation sections 10 and ia divorce sections 1, 2, 1a, a, b repudiation of marriage option of puberty, section 24 divorce by mutual consent section b hindu marriage act, 1955, sections. Cruelty has no where been defined in the act, and rightly so, as it is difficult to put the concept in a strait jacket formula. Grounds of divorce sec hindu marriage act youtube. The hindu marriage act,1955 law commission of india. People who are searching for hindu marriage act 1955 book pdf can find here. Section in the hindu marriage act, 1955 indian kanoon. An act to regulate the marriage of and provide for matrimonial causes between hindus and persons of allied religions. By the marriage laws amendment act 1976, the period of two years is reduced to one year.
Hindu marriage act 1955 section citation 8817 bare. Section 1 in the hindu marriage act, 1955 indian kanoon. Petition for dissolution of marriage by a decree of divorce by mutual consent under section b 1 of the hindu marriage act, 1955 no. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. Divorce petition by hindu wife on the grounds of cruelty. Feb 14, 2017 grounds of divorce under hindu marriage act. Hindu marriage act,1955 and special marriage act, 1954. Cruelty as a ground for divorce legal service india. In hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code.
Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Cruelty which is not defined in section 11a of the hindu marriage act and section 271 of the special marriage act and cruelty which is explained in section 2viii of the dissolution of muslim marriage act and section 101x of the divorce act must all take inspiration from such understanding of matrimonial cruelty. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree for divorce, but thought it appropriate to pass a decree of judicial separation instead whether a marriage which is otherwise dead emotionally and. Section 1 1a1b of the hindu marriage act for dissolution of the marriage. What is the procedure for divorce without mutual consent. It is the conduct in relation to or in respect of matrimonial duties and obligations.
The hindu marriage act, 1955 permitted divorce to all the hindus on certain reasonable grounds. Be it enacted by parliament in the sixth year of the republic of india as follows. Making false allegations amounts to cruelty, section 1. If it is physical, the court will have no problem to determine it. The hindu marriage act, 1955 originally contained two fault grounds in section 2 on which, a hindu wife alone could sue for divorce. The petitioner and the respondent are hindu by birth and they continue to be so. Aug 12, 2017 an act further to amend the hindu marriage act, 1955. Application for divorce petition format legal news law. Section 1a introduced an element of breakdown theory in the hindu marriage act 1955. A child marriage is valid under the hindu marriage act. She cannot do so under section 11 or 17 or any other provision of the act. On the grounds of cruelty us 1 ia of the hindu marriage act, 1955. Perhaps this permission was given for the first time in.
Mar 19, 2015 divorce by mutual consent is addressed under s. On the grounds of cruelty us1 ia of the hindu marriage act, 1955. Section 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. In august 2009, she had filed a divorce petition under section 1ia of the hindu marriage act, 1955 which was allowed by the additional district judge and. Divorce under section 1 ia of the hindu marriage act. Section 3 of prohibition of child marriage act, 2006 provides as under. The hindu marriage contemplated by the act hardly remains sacramental.
It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together. Study material hindu marriage act delhi law academy. Petition for divorce under section hindu marriage act. The hindu marriage act1955 has given the legal provision for divorce on basis of cruelty under section 1 ia as follows. Marriage act, by sri rudra rai hereinafter referred to as the.