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Divorce and Mutual Consent Divorce

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Mutual Consent Divorce
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Hindu Marriage Act
Dissolution of Muslim Marriages Act
Divorce Act
Parsi Marriage and Divorce Act
Special Marriage Act
Foreign Marriage Act



Divorce Page - 4


Q6. What are the grounds on which I can file my Divorce Petition under the provisions of The Hindu Marriage Act, 1955?

A.
    
Section 13 of the Hindu Marriage Act, 1955 specifies the various grounds on the basis of which a husband or wife can file Divorce Petition in the Court for Grant of Decree of Divorce, which are as follows:

13. DIVORCE, The Hindu Marriage Act, 1955 (Only some relevant portion to the discussion)
    (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-
        (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
        (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.
        (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
        (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

    (1A) 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
        (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

    (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 solemnized 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 solemnization 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 solemnization 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;
        (iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.



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