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simran (n/a)     21 December 2007

valid grounds for hindu divorce

Hi!
I would be thankful if u can tell me the valid grounds for hindu divorce in layman terms. i read the earlier posts but cannot understand the legal terms/ the points r not clear to me. can u please put them in a simpler way....Thanks.


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 2 Replies

Prakash Yedhula (Lawyer)     21 December 2007

[font=""Arial""] Divorce, under the Hindu Marriage Act 1955, can be obtained by both the spouses on the basis of any of the following 9 grounds: [/font] [list][*][font=""Arial""] Adultery; [/font] [/*][*][font=""Arial""] Cruelty; [/font] [/*][*][font=""Arial""] Desertion for two years; [/font] [/*][*][font=""Arial""] Conversion of religion; [/font] [/*][*][font=""Arial""] Unsound mind; [/font] [/*][*][font=""Arial""] Suffering from venereal disease and/or Leprosy; [/font] [/*][*][font=""Arial""] has renounced the world; [/font] [/*][*][font=""Arial""] not heard of for 7 years; [/font] [/*][*][font=""Arial""] no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights; [/font] [/*][*][font=""Arial""] Husband guilty of rape, sodomy or bestiality; [/font] [/*][*][font=""Arial""] If after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code, there has been no cohabitation for one year. [/font] [/*][/list] [font=""Arial""]In addition to the grounds, stated above, a wife may also present a petition for the dissolution of her marriage on the following grounds: [/font] [list][*][font=""Arial""] Where the marriage was solemnized before the commencement of the Hindu Marriage Act, 1955:- 1. the husband had married again before such commencement; 2. That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage; [/font] [/*][*][font=""Arial""] That the husband has, after the marriage, been guilty of rape, sodomy or bestiality; [/font] [/*][*][font=""Arial""] That her marriage, whether consummated or not, was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years. [/font] [/*][/list]

simran (n/a)     24 December 2007

Thanks for ur reply. I have following questions regarding the 9 grounds for divorce under the Hindu [url=https://firstappeal.com/view_topic.php?id=620&forum_id=15]Marriage[/url] Act 1955,

 

1.       If any one of these grounds is true then divorce can be filed o matter if its with or without mutual concent?

 

2.       Desertion for two years means if the couple has lived separately for a continued period of 2 yrs? Is this time period same for both divorce with and without concent?

 

3.       what does 'cruelty' refer to in case of emotional pain? does it need to be proved and if yes, how can emotional pain be proved?

4.       if a person suffering from depression, does it come under the category of unsound mind or emotional cruelty done to that person?  If it is curable then can it be still used as ground for divorce?

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