Divorce under Hindu Marriage Act 1955
Divorce under Hindu Marriage Act 1955
Divorce under Hindu Marriage Act 1955
Abstract
Marriage is considered a sacrament, not merely a contract. In Indian society, marriage is considered the ultimate indissoluble sacrament. After the law grows, marriage is defined as mutual and respectful; no one can be forced to be relevant. The enactment of the Hindu Marriage Act, 1955, introduced the concept of divorce. Divorce is a statutory remedy for spouses and individuals. This article critically examines the concept of divorce, the grounds available to spouses, and the judicial interpretation under the Hindu Marriage Act, 1955.
Introduction
Marriage is considered a lifelong sacrament. In Indian society, marriage is considered a sacrament, not merely a contractual obligation. The Hindu Marriage Act provided landmark recognition and codification of matrimonial laws, marking a significant step towards a progressive society. The Hindu Marriage Act introduced the concept of divorce. The word ‘divorce’ is derived from the Latin, which means “a separation” or “turning apart”.
Divorce is considered to be a stigma and taboo in the eyes of Indian society. Individuals who seek divorce are being judged on the basis of divorce. Divorce is not merely a legal remedy; it reflects the law's response to social change, gender neutrality, and constitutional ideas like equality, personal liberty, and the right to life.
The concept of divorce under the Hindu Marriage Act, 1955
Divorce is a legal remedy declared by the competent court. According to the court, there should be valid grounds for seeking divorce. According to Section 13(1), the grounds for divorce are outlined as follows:
Adultery
After enactment of the Supreme Court ruling, Section 497 of the Indian Penal Code is no longer criminalised, but it is still a valid basis for seeking divorce. Adultery means when a spouse has sexual intercourse with the opposite sex outside the marriage; then it is considered adultery.
Cruelty
Cruelty can be of two types:
Physical cruelty: When any person comments bodily injury or harm to another, it is considered Physical cruelty
Mental cruelty: when a person's conduct causes mental pain and trauma and makes it impossible for the aggrieved party to live.
In Naveen v. Neelu Kohli AIR (2006) SC 1675, the court held that false and defamatory statements against another spouse amount to mental cruelty, and it held that mental cruelty is a valid ground for seeking the decree of divorce.
3. Desertion
When a spouse permanently abandons his or her partner without any reasonable excuse and without the consent of the other spouse for at least two years, it is considered desertion.
In Bipin Chander Jaisinghbhai Shah v. Prabhwati AIR (1957), SC 176, the Supreme Court struck down the two essentials for desertion:
Factum of desertion: Actual separation and physical withdrawal from the cohabitation.
Animus Deserendi: Intention to desert the other spouse permanently.
4. Conversion
When a person converts himself/herself to another religion without dissolving the first marriage, then the other spouse can seek the decree of divorce by filing the petition in the competent court.
In Suresh Babu vs. Leela 2006 (3) KLT 891, the court held that the conversion to a non-Hindu religion does not amount to dissolution of marriage, but the spouses can seek the decree of divorce.
5. Mental Disorder
A mental disorder means any incurable disease. A Mental disorder and unsoundness of mind is a valid ground for divorce but the court has propounded that the Mental disorder should be severe and continuous
6. Venereal Disease
Divorce may be granted if either is suffering from any serious and communicable disease. This provision protects the health, safety, and welfare of the persons. Examples of the venereal diseases are HIV/AIDS, Syphilis, gonorrhea, etc.
7. Renunciation of the world
When a spouse enters the religious path, they renounce the world. It means the complete withdrawal from all the marital obligations and rights.
8. Presumption of Death
When a spouse has not been heard alive for at least seven years, it provides the right to the other spouse to remarry and a valid ground for seeking divorce.
Special Ground Available to Wife
As per Section 13(2), it provides special additional grounds exclusively for the wife seeking divorce, as per the following:
Bigamy: If the husband has another living wife at the time of their marriage, it will be considered bigamy, which is prohibited by law; therefore, if the husband commits bigamy, the wife can seek a divorce through the Competent Court.
Sodomy or Bestiality: When the husband is guilty of rape, sodomy, or bestiality, then the wife can seek divorce, and the husband will be punished by the law.
Non-Resumption of Cohabitation: A wife can seek divorce if a decree has been passed in her favour under the following:
Section 18 of the Hindu adoption and Maintenance Act, 1956
Section 125 of the code of the Criminal procedure
Repudiation of Marriage: If the woman's marriage has been solemnised before the age of 15 years, then after attaining the age of 18 years, the woman has decided to nullify the marriage or to continue the marriage. If the woman doesn’t want to continue the marriage, then she can seek divorce by filing the petition in the Competent Court.
Divorce by Mutual Consent:
As per Section 13(B), it provides the concept of divorce by mutual consent; it presents an alternative remedy to individuals seeking divorce mutually and peacefully. The parties must live apart for at least a year. If they mutually agree to divorce, they can file a petition in the competent court.
Conclusion:
After the enactment of the Hindu Marriage Act, 1955, Section 13 of the Act defines the laws that promote progressive steps in society. It acknowledged the problem faced by the women previously and gave them a legal remedy to ensure justice and dignity equally among the spouses. Divorce is an alternative legal remedy for individuals who are having trouble in their marriage and don't want to continue it. Judicial interpretation has played an important role in reforming the concept of divorce and matrimonial laws.
Reference:
Dr Paras Diwan Hindu marriage act
Hindu Marriage Act, 1955
Bipin Chander jaisingh bhai v. Prabhwati SC 176
Naveen kohli v. Neelu kohli AIR (2006) SC 1675
Suresh Babu v. Leela 2006 (3) KLT 891
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. ClearLaw.online maintains editorial standards. Online, the author and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Abstract
Marriage is considered a sacrament, not merely a contract. In Indian society, marriage is considered the ultimate indissoluble sacrament. After the law grows, marriage is defined as mutual and respectful; no one can be forced to be relevant. The enactment of the Hindu Marriage Act, 1955, introduced the concept of divorce. Divorce is a statutory remedy for spouses and individuals. This article critically examines the concept of divorce, the grounds available to spouses, and the judicial interpretation under the Hindu Marriage Act, 1955.
Introduction
Marriage is considered a lifelong sacrament. In Indian society, marriage is considered a sacrament, not merely a contractual obligation. The Hindu Marriage Act provided landmark recognition and codification of matrimonial laws, marking a significant step towards a progressive society. The Hindu Marriage Act introduced the concept of divorce. The word ‘divorce’ is derived from the Latin, which means “a separation” or “turning apart”.
Divorce is considered to be a stigma and taboo in the eyes of Indian society. Individuals who seek divorce are being judged on the basis of divorce. Divorce is not merely a legal remedy; it reflects the law's response to social change, gender neutrality, and constitutional ideas like equality, personal liberty, and the right to life.
The concept of divorce under the Hindu Marriage Act, 1955
Divorce is a legal remedy declared by the competent court. According to the court, there should be valid grounds for seeking divorce. According to Section 13(1), the grounds for divorce are outlined as follows:
Adultery
After enactment of the Supreme Court ruling, Section 497 of the Indian Penal Code is no longer criminalised, but it is still a valid basis for seeking divorce. Adultery means when a spouse has sexual intercourse with the opposite sex outside the marriage; then it is considered adultery.
Cruelty
Cruelty can be of two types:
Physical cruelty: When any person comments bodily injury or harm to another, it is considered Physical cruelty
Mental cruelty: when a person's conduct causes mental pain and trauma and makes it impossible for the aggrieved party to live.
In Naveen v. Neelu Kohli AIR (2006) SC 1675, the court held that false and defamatory statements against another spouse amount to mental cruelty, and it held that mental cruelty is a valid ground for seeking the decree of divorce.
3. Desertion
When a spouse permanently abandons his or her partner without any reasonable excuse and without the consent of the other spouse for at least two years, it is considered desertion.
In Bipin Chander Jaisinghbhai Shah v. Prabhwati AIR (1957), SC 176, the Supreme Court struck down the two essentials for desertion:
Factum of desertion: Actual separation and physical withdrawal from the cohabitation.
Animus Deserendi: Intention to desert the other spouse permanently.
4. Conversion
When a person converts himself/herself to another religion without dissolving the first marriage, then the other spouse can seek the decree of divorce by filing the petition in the competent court.
In Suresh Babu vs. Leela 2006 (3) KLT 891, the court held that the conversion to a non-Hindu religion does not amount to dissolution of marriage, but the spouses can seek the decree of divorce.
5. Mental Disorder
A mental disorder means any incurable disease. A Mental disorder and unsoundness of mind is a valid ground for divorce but the court has propounded that the Mental disorder should be severe and continuous
6. Venereal Disease
Divorce may be granted if either is suffering from any serious and communicable disease. This provision protects the health, safety, and welfare of the persons. Examples of the venereal diseases are HIV/AIDS, Syphilis, gonorrhea, etc.
7. Renunciation of the world
When a spouse enters the religious path, they renounce the world. It means the complete withdrawal from all the marital obligations and rights.
8. Presumption of Death
When a spouse has not been heard alive for at least seven years, it provides the right to the other spouse to remarry and a valid ground for seeking divorce.
Special Ground Available to Wife
As per Section 13(2), it provides special additional grounds exclusively for the wife seeking divorce, as per the following:
Bigamy: If the husband has another living wife at the time of their marriage, it will be considered bigamy, which is prohibited by law; therefore, if the husband commits bigamy, the wife can seek a divorce through the Competent Court.
Sodomy or Bestiality: When the husband is guilty of rape, sodomy, or bestiality, then the wife can seek divorce, and the husband will be punished by the law.
Non-Resumption of Cohabitation: A wife can seek divorce if a decree has been passed in her favour under the following:
Section 18 of the Hindu adoption and Maintenance Act, 1956
Section 125 of the code of the Criminal procedure
Repudiation of Marriage: If the woman's marriage has been solemnised before the age of 15 years, then after attaining the age of 18 years, the woman has decided to nullify the marriage or to continue the marriage. If the woman doesn’t want to continue the marriage, then she can seek divorce by filing the petition in the Competent Court.
Divorce by Mutual Consent:
As per Section 13(B), it provides the concept of divorce by mutual consent; it presents an alternative remedy to individuals seeking divorce mutually and peacefully. The parties must live apart for at least a year. If they mutually agree to divorce, they can file a petition in the competent court.
Conclusion:
After the enactment of the Hindu Marriage Act, 1955, Section 13 of the Act defines the laws that promote progressive steps in society. It acknowledged the problem faced by the women previously and gave them a legal remedy to ensure justice and dignity equally among the spouses. Divorce is an alternative legal remedy for individuals who are having trouble in their marriage and don't want to continue it. Judicial interpretation has played an important role in reforming the concept of divorce and matrimonial laws.
Reference:
Dr Paras Diwan Hindu marriage act
Hindu Marriage Act, 1955
Bipin Chander jaisingh bhai v. Prabhwati SC 176
Naveen kohli v. Neelu kohli AIR (2006) SC 1675
Suresh Babu v. Leela 2006 (3) KLT 891
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. ClearLaw.online maintains editorial standards. Online, the author and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Abstract
Marriage is considered a sacrament, not merely a contract. In Indian society, marriage is considered the ultimate indissoluble sacrament. After the law grows, marriage is defined as mutual and respectful; no one can be forced to be relevant. The enactment of the Hindu Marriage Act, 1955, introduced the concept of divorce. Divorce is a statutory remedy for spouses and individuals. This article critically examines the concept of divorce, the grounds available to spouses, and the judicial interpretation under the Hindu Marriage Act, 1955.
Introduction
Marriage is considered a lifelong sacrament. In Indian society, marriage is considered a sacrament, not merely a contractual obligation. The Hindu Marriage Act provided landmark recognition and codification of matrimonial laws, marking a significant step towards a progressive society. The Hindu Marriage Act introduced the concept of divorce. The word ‘divorce’ is derived from the Latin, which means “a separation” or “turning apart”.
Divorce is considered to be a stigma and taboo in the eyes of Indian society. Individuals who seek divorce are being judged on the basis of divorce. Divorce is not merely a legal remedy; it reflects the law's response to social change, gender neutrality, and constitutional ideas like equality, personal liberty, and the right to life.
The concept of divorce under the Hindu Marriage Act, 1955
Divorce is a legal remedy declared by the competent court. According to the court, there should be valid grounds for seeking divorce. According to Section 13(1), the grounds for divorce are outlined as follows:
Adultery
After enactment of the Supreme Court ruling, Section 497 of the Indian Penal Code is no longer criminalised, but it is still a valid basis for seeking divorce. Adultery means when a spouse has sexual intercourse with the opposite sex outside the marriage; then it is considered adultery.
Cruelty
Cruelty can be of two types:
Physical cruelty: When any person comments bodily injury or harm to another, it is considered Physical cruelty
Mental cruelty: when a person's conduct causes mental pain and trauma and makes it impossible for the aggrieved party to live.
In Naveen v. Neelu Kohli AIR (2006) SC 1675, the court held that false and defamatory statements against another spouse amount to mental cruelty, and it held that mental cruelty is a valid ground for seeking the decree of divorce.
3. Desertion
When a spouse permanently abandons his or her partner without any reasonable excuse and without the consent of the other spouse for at least two years, it is considered desertion.
In Bipin Chander Jaisinghbhai Shah v. Prabhwati AIR (1957), SC 176, the Supreme Court struck down the two essentials for desertion:
Factum of desertion: Actual separation and physical withdrawal from the cohabitation.
Animus Deserendi: Intention to desert the other spouse permanently.
4. Conversion
When a person converts himself/herself to another religion without dissolving the first marriage, then the other spouse can seek the decree of divorce by filing the petition in the competent court.
In Suresh Babu vs. Leela 2006 (3) KLT 891, the court held that the conversion to a non-Hindu religion does not amount to dissolution of marriage, but the spouses can seek the decree of divorce.
5. Mental Disorder
A mental disorder means any incurable disease. A Mental disorder and unsoundness of mind is a valid ground for divorce but the court has propounded that the Mental disorder should be severe and continuous
6. Venereal Disease
Divorce may be granted if either is suffering from any serious and communicable disease. This provision protects the health, safety, and welfare of the persons. Examples of the venereal diseases are HIV/AIDS, Syphilis, gonorrhea, etc.
7. Renunciation of the world
When a spouse enters the religious path, they renounce the world. It means the complete withdrawal from all the marital obligations and rights.
8. Presumption of Death
When a spouse has not been heard alive for at least seven years, it provides the right to the other spouse to remarry and a valid ground for seeking divorce.
Special Ground Available to Wife
As per Section 13(2), it provides special additional grounds exclusively for the wife seeking divorce, as per the following:
Bigamy: If the husband has another living wife at the time of their marriage, it will be considered bigamy, which is prohibited by law; therefore, if the husband commits bigamy, the wife can seek a divorce through the Competent Court.
Sodomy or Bestiality: When the husband is guilty of rape, sodomy, or bestiality, then the wife can seek divorce, and the husband will be punished by the law.
Non-Resumption of Cohabitation: A wife can seek divorce if a decree has been passed in her favour under the following:
Section 18 of the Hindu adoption and Maintenance Act, 1956
Section 125 of the code of the Criminal procedure
Repudiation of Marriage: If the woman's marriage has been solemnised before the age of 15 years, then after attaining the age of 18 years, the woman has decided to nullify the marriage or to continue the marriage. If the woman doesn’t want to continue the marriage, then she can seek divorce by filing the petition in the Competent Court.
Divorce by Mutual Consent:
As per Section 13(B), it provides the concept of divorce by mutual consent; it presents an alternative remedy to individuals seeking divorce mutually and peacefully. The parties must live apart for at least a year. If they mutually agree to divorce, they can file a petition in the competent court.
Conclusion:
After the enactment of the Hindu Marriage Act, 1955, Section 13 of the Act defines the laws that promote progressive steps in society. It acknowledged the problem faced by the women previously and gave them a legal remedy to ensure justice and dignity equally among the spouses. Divorce is an alternative legal remedy for individuals who are having trouble in their marriage and don't want to continue it. Judicial interpretation has played an important role in reforming the concept of divorce and matrimonial laws.
Reference:
Dr Paras Diwan Hindu marriage act
Hindu Marriage Act, 1955
Bipin Chander jaisingh bhai v. Prabhwati SC 176
Naveen kohli v. Neelu kohli AIR (2006) SC 1675
Suresh Babu v. Leela 2006 (3) KLT 891
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. ClearLaw.online maintains editorial standards. Online, the author and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.