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Sep 30, 2022 · As per the Hindu Marriage Act,1955 following are the grounds for Judicial Separation and Divorce in India: Cruelty - One of the spouses are cruel or both are equally cruel towards each other. Cruelty includes both mental and physical.
- Abstract
- Introduction
- The Concept of Judicial Separation Under The Hindu Marriage Act, 1955
- Filing Petition For Judicial Separation
- The Concept of Divorce Under The Hindu Marriage Act, 1955
- Different Theories of Divorce
- No Divorce Petition Within 1 Year of Marriage
- Divorced Person Remarriage
- Procedure to File A Suit For Judicial Separation Or Divorce
- Grounds of Divorce and Judicial Separation as Per The Hindu Marriage Act
Marriage is known in Indian Culture as a ritual. It is an unalterable husband-wife relationship formed by traditions and customs. In the event of a broken marriage, there was no recourse to either party prior to 1955. They had to move ahead with the relationship, and the marriage could not be broken. According to Manu, they cannot distinguish husba...
The idea of marriage is to build a relation between the wife and the husband. Marriage is a formal ritual, according to old Hindu laws, and is a sacred bond that can’t be broken. Even death can’t sever the bond between a husband and a wife, according to Smritikars. The aim of marriage is to allow men and women to fulfil the spiritual tasks of God’s...
In India, the courts in their judicial rights never completely impose a divorce at the first time if a divorce petition is lodged. Following the Hindu religion of finding a marriage a sacramental relationship that can’t be dissolved, Indian courts have created a tool called judicial separation that gives both sides to a strained marriage some time ...
Under Section 10 of the Hindu Marriage Act, 1955, any partner who is harmed by another partner can lodge a petition for Judicial Separation before District Judge and the requirements must be fulfilled: 1. Under the Hindu Marriage Act, marriage between a husband and a wife should be appropriately observed. 1. In the jurisdiction of the court where t...
There are a few clauses in the Hindu Marriage Act for a legal divorce, i.e., when the partner may get a divorce or appeal in the court for marriage dissolution. The marriage or marital relation must be accompanied by some protection for the purpose stated by law for society’s interest. Divorce is allowed for a serious reason only, otherwise, altern...
Fault Theory
Within this theory, marriage may be dissolved when one party to the marriage is liable for the crime committed against another partner under matrimonial crimes. This solution can only be pursued by an innocent partner. The only limitation of this concept is “no one can seek this divorce remedy if both of the spouses are at fault.”
Mutual Consent
Under this theory, by mutual consent, the marriage may be abolished. If the couple gives each other their permission to terminate the relationship, the divorce may be taken. But this theory is criticised by many thinkers as this theory is morally wrong and contributes to hasty divorce.
Irretrievable Breakdown
The breakup of marriage arises because of the breakdown of matrimonial relations, as per this theory. The couple will opt for divorce as a very last resort, that is if both are unable to live together again.
As per Section 14, “No Court will entertain the petition of divorce within the one year of the marriage.” But where the matter is linked to bigamy, and if the spouse’s consent was taken by misrepresentation, fraud, undue influence, etc., can be entertained.
As per Section 15, no future petition was lodged by either of the partners against the court’s order after the dissolution of marriage and the time for appeal ended. It is presumed at that moment that both partners are happy. Only then the divorced spouse is allowed to marry again.
These are the key parts of a petition for judicial separation and divorce, according to Order VII and Rule 1 of the CPC: 1. Date and place of marriage, 1. Affidavit of being Hindu by both the groups, 2. Name, status and resident of both wife and husband. For ex- in the adultery case, one must provide photographs of facts that the individual has som...
Adultery
Adultery implies the consensual and mutual involvement of a married person with another individual of the different sex who is married or single. Even the sex between the husband and his second wife, i.e. the individual is responsible for the Adultery if their marriage is regarded within bigamy. The notion of Adultery was introduced by the Marriage Laws Amendment Act, 1976,” under the Hindu Marriage Act. In certain nations, the notion of adultery may not be treated as an offence. But in the m...
Cruelty
Both mental and physical cruelties are part of the cruelty concept. Physical cruelty implies that one partner hurts the other partner or induces some bodily harm. But as the partner can also be emotionally abused by the other spouse, the definition of mental cruelty was introduced. Mental Cruelty is the absence of goodness that negatively impacts the individual’s welfare. In Savitri Pandey v. Prem Chandra Pandey,the court ruled that Cruelty was not specified under the Act, but it is considere...
Desertion
In sub-section (1) of Section 13, Hindu Marriage Act, 1955, Parliament has explained desertion: “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 marriage, and its grammatical variations and cognate expressions shall be construed accordingly”. In other word, Desertion means “permanent lea...
- Rachit Garg
Jun 26, 2023 · While all the grounds for judicial separation provided under Section 23 are also grounds for divorce under Section 27 of the Special Marriage Act, 1954, non-compliance with the decree of conjugal rights is not a ground for divorce under the aforementioned Act.
Feb 22, 2020 · There should be particular grounds on which the spouse can file a case for judicial separation or divorce. This Act has a great rule to solve the disputes between the spouses and free them from marital ties.
- Ayush Verma
Sep 6, 2022 · Table of Contents. Judicial Separation in Hindu Marriage Act, 1955. Difference Between Judicial Separation and Divorce under Hindu Law. Judicial Separation vs Divorce in India. Grounds of Judicial Separation under Hindu Law. What are the Grounds for Divorce under Hindu Law? Divorce After Judicial Separation in India.
- Section 10 provides for judicial separation in Hindu Marriage Act. In easy language, judicial separation under hindu law is a halt in cohabitation...
- Yes, judicial separation is a pre-phase to divorce. If a couple has been living separately for at least one year since the decree of judicial separ...
- After marriage, husband and wife are bound by law to stay in each other’s company, to cohabit and maintain conjugal relations with each other. The...
- A husband and wife can apply for judicial separation anytime after marriage unlike divorce petition (whereby they should have been married for at l...
- Hindu Marriage Act Section 13 (1) provides for grounds based on which both husband and wife can seek divorce. Section 13 (2) provides for grounds e...
Oct 12, 2023 · The Separation can be claimed by filing the petition in the competent court for judicial separation. The grounds for judicial separation grounds are specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2).
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Apr 8, 2024 · Select your city. Table of Contents. What is Judicial Separation? Judicial Separation in Hindu Marriage Act, 1955. What are the main differences between divorce and judicial separation? Grounds for judicial separation. Filing petition for judicial separation. How long does it take to get a judicial separation order.
