The Provisions of Section 13 shall be discussed in upcoming articles. Section 13-A. Für Muslime, Christen und Parsen gibt es eigene Gesetze. An act to amend and codify the law relating to marriage among Hindus. One may well say that from an unbreakable bondage under the Smritis, a Hindu Marriage has been transferred under the Hindu Marriage Act into a consensual union between one man and one woman. It is a question of fact and degree. Under Hindu law, divorce has been recognized. Section 13B of the Hindu Marriage Act lays down the provision of getting a divorce on the basis of mutual consent. The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. Divorce. The applicant married to the respondent in 1999, However, a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 had been passed by the family court in 2008 at the instance of the husband. Copyright © 2020 Fundamental-Rights-Human-Rights.com. हा लेख भाषांतरास खुला ... Hindu Succession Act (1956) हे सुद्धा पहा. बाबासाहेब आंबेडकर संबंधित लेखांची सूची; स� Similarly, the provisions for maintenance of wife under Section 18 of the Hindu Adoption and Maintenance Act, 1956. (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. The respondent-husband petitioned for divorce under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, `the Act’) on the ground of cruelty and desertion against the wife. The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. (See Section 5.) The Hindu Marriage Act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in Section 13(1) on which either the husband or wife could sue for divorce, and two fault grounds in Section 13(2) on which wife alone could seek the divorce. It is prayed accordingly. Inter-religion marriages are performed under this Act. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approach the court of law and seek the remedy of divorce. Thus these grounds are lawfully valid grounds for divorce and if such circumstances arise, then, unfortunately, divorce is bound to take place. Application of Act. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955. Adultery. Section 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 deals with the provision of divorce on grounds of mutual consent. Hindus did not consider marriage as a contract but as a tie which once tied cannot be untied. Tag: section 13-B of Hindu Marriage Act. It provides for the dissolution of marriage. 3 THE HINDU MARRIAGE ACT, 1955 A CT N O. (ii) The period of living separately for one year must be immediately preceding the presentation of petition. (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- Description. An Act to regulate the marriage … The Family Court found that the respondent is entitled to get a decree of divorce under Sections 13 (1) (ia), 13 (1) (ib) and 13 (1) (iii) of the Act and according...petitioner is entitled to get divorce decree under section 13 (1) (ia) (ib)& (iii) of Hindu Marriage Act, 1955.” 13. THE HUMBLE PETITION OF. 13 Divorce. The application under the DV Act was filed by the applicant in … Section 13 and 13-B of the Hindu Marriage Act, 1955 made provisions for dissolution of marriage. Divorce by mutual consent in India. (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-, (i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or, (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or, (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or, (ii) has ceased to be a Hindu by conversion to another religion; or. Hindu Marriage Act, 1955 Section 10(i) and 13(1)(ii) Both spouse entitled. The Hindu Marriage Act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in Section 13(1) on which either the husband or wife could sue for divorce, and two fault grounds in Section 13(2) on which wife alone could seek the divorce. 13. (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties. These are Bare Act Provisions of Section 13 of the Hindu Marriage Act, 1955. Cruelty under Section 13(1)(ia) of the Hindu Marriage Act talks about the behaviour of one spouse towards the other which results in a reasonable apprehension in the mind of the latter that it is not safe for him or her to continue to stay in the matrimonial relationship anymore with the other. This clause applies whether the marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976). Bigamy, etc. There can be unilateral withdrawal of consent. If it is physical, the court will have no problem to determine it. In any proceedings 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 13, the Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree of judicial separation. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Divorce (Section 13) Provisions. Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Law (Amendment) Act, 1976. It actually means when a party to the marriage permanently leaves the other party without any valid reason and without the consent of another party. TO, THE HON''BLE PRINCIPAL JUDGE. Sec. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— PRELIMINARY 1. The grounds of divorce under the Hindu Marriage Act had been stated under Section 13 of the said act. Section 13: Divorce: (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition … The legal burden is upon the petitioning spouse to establish by convincing evidence beyond any reasonable doubt that the respondent abandoned him or her without reasonable cause. on Divorce – Section 13 Hindu Marriage Act 1955, Bar Council of India Approved Law Colleges, Restitution of conjugal rights – Section 9 Hindu Marriage Act, Divorce – Section 13 Hindu Marriage Act 1955, Difference Between Tort and Breach Of Contract : Tort vs Breach Of Contract, Difference Between Crime and Tort : Crime vs Tort. Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution of marriage by a decree of divorce. (13) A new shape new been given to Sec. (1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-, (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or. Die Änderungen im Hindu Succession Act von 2005 stellen Frauen im Erbrecht gleich, auch in Bezug auf landwirtschaftlichen Besitz. Divorce by Mutual Consent and waiving of six month Period:The Govt. As per 13B for the act - Divorce by mutual consent, (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 solemnised before or after the commencement of the Marriage Laws … The Principal Judge, Family Court No. Mutual consent should continue till the divorce decree is passed. (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground, (i) in the case of any marriage solemnised before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnisation of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or, (ii) that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality; or, (iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)], a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or. Grounds of divorce under section 13 of Hindu Marriage Act 1955 Introduction:- Hindus conceived of their marriage a sacramental union between two people. In: Hindu Marriage Act, 1955. The appellant filed an appeal against the decree in the High Court. [ Hindu Marriage Act Sec. It states as follows:-“Not withstanding that a marriage is null and void under Sec. Section 13 of the Hindu Marriage Act 1955 deals with the various grounds of divorce. 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. Dear Client, Till the final order of the RCR filed by you agains her under section 9 of HMA the court will not grant maintainance for her. These are Bare Act Provisions of Section 13 of the Hindu Marriage Act, 1955. Hindu Marriage Act . Guardianship in marriage. 5. Adultery is describe under Section 497 of the Indian Penal Code (IPC), 1860, as an offence and is punishable. शब्दाच्या इतर उपयोगांसाठी पहा, Hindu Marriage Act (निःसंदिग्धीकरण). Advertisement. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. In August 2009, she had filed a divorce petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 which was allowed by the Additional District Judge and thus their marriage was dissolved. Grounds for divorce under the Hindu Marriage Act. An act to amend and codify the law relating to marriage among Hindus. (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-. (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any disorder or disability of mind and includes schizophrenia ; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not included sub-normality of intelligence) which results in abornormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or, (iv) has been suffering from a virulent and incurable form of leprosy; or, (v) has been suffering from venereal disease in a communicable form; or, (vi) has renounced the world by entering any religious order; or. Section 497 describes Adultery as under: Section 497. There is only one provision under the matrimonial statute which states the issues relating to property division is section 27 of hindu marriage act property presented at the time of marriage or after will be acquainted by both the husband and wife. Learn about the most important Hindu Marriage Act section 9. In the matter of the Family Courts Act, 1954; And. (i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. "The said provision does not define cruelty. Hindu law does not (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. In this transitional period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR 2003 Raj 155. (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or, (iv) has been suffering from a virulent and incurable form of leprosy; or, (v) been suffering from venereal disease in a communicable form; or, (vi) has renounced the world by entering any religious order; or. (2) on the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) not later than eighteen months after the said date, if the petition is no t withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit, that a marriage has been solemnized and that the averments of the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. Short title and extent. Section (13) Divorce –. Rather, it merely lays down conditions of a valid Hindu marriage. In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty. Section 13 (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 … Statement is recorded by the Court. The Court was dealing with an appeal preferred by the Appellant-wife against an order of the Family Court allowing the Respondent-husband's petition for grant of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA). Full text containing the act, Hindu Marriage Act, 1955, with all the sections, schedules, short title, enactment date, and footnotes. Conditions for marriages. 5. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory:SC [Read Judgment] If it is mental, The problem presents difficulty" 1. The respondent-husband petitioned for divorce under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, `the Act’) on the ground of cruelty and desertion against the wife.