Time to havea fresh look at Section 13A.
N.K.Assumi
(Querist) 17 September 2008
This query is : Resolved
Section 13A of the Hindu marriage act 1955 says that the Court in its discretion will grant judicial separation instead of divorce, if the other spouse convert to other religion.This is tyranny and anomalous, and confusing. what if a Hindu convert to other religion that is a clear case of divorce so what is the needs to grant judicial separation?
G. ARAVINTHAN
(Expert) 17 September 2008
13A. Alternate relief in divorce proceedings
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 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.]
