Sage-Tips

What are the grounds of divorce according to Hindu marriage 1955?

Under the Hindu Marriage Act, the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc.

What are the 5 grounds for divorce in India?

The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869. 3) One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce. 4) Not been seen or heard alive for a period of seven or more years.

How many grounds for divorce are there?

Currently, the five possible grounds for divorce are: adultery, unreasonable behaviour, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement).

What are the grounds for divorce under Indian Divorce Act?

The divorce must be filed within two years of marriage. Adultery, bigamy, fornication, rape, or any other type of perverse sexual act. Suffering from venereal disease or forcing the wife into prostitution. Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

Is divorce a 7 year separation?

No. There is nothing in law for automatic Divorce if husband and wife are not living together for 7 years. However, a petition for Divorce on the ground of not living together for 7 years will succeed and Divorce would be granted. you have to go for the proper divorce procedure through the family court of the area.

On what grounds can a man divorce his wife?

Rights of Men in Divorce The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.

What are the various grounds of divorce?

Under sub-clause (1) of section 13 of the Act, there are available 9 fault ground on which divorce can be taken. These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion.

Can you disagree with grounds for divorce?

If your spouse has cited your unreasonable behaviour as the reason for the breakdown of your marriage, and you don’t agree to this then you are legally entitled to defend the allegations. It may be that you are in agreement to getting a divorce, but you disagree with the allegations of unreasonable behaviour.

How many divorce cases are there in India?

India is officially considered to have one of the lowest divorce rates in the world. Indeed, if we rely on cold figures and statistical studies, it turns out that in India, only about 1\% of all married couples end their joint family life with a dissolution of marriage.

How many years of separation is equal to divorce in India?

two years
Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

What is divorce under Hindu Marriage Act 1955?

It was only in 1955 that parliament passed the Hindu Marriage Act 1955 and provision related to the concept of divorce was introduced in the act. Divorce, the said term has not been defined in the act but it simply means, dissolution of marriage. Various grounds of divorce are mentioned under section 13 of the Hindu Marriage Act [ii]. 1.

What is the history of divorce in India?

Other than that there was no enactment for the divorce process in India. It was only in 1955 that parliament passed the Hindu Marriage Act 1955 and provision related to the concept of divorce was introduced in the act. Divorce, the said term has not been defined in the act but it simply means, dissolution of marriage.

What are the grounds for divorce in Hinduism?

Additional grounds have been provided to wives to claim divorce. Hindu marriage act adopts fault theory in the matter of divorce which means that marriage can be ended when one of the spouses is responsible or liable for the offense under matrimonial offenses. The innocent spouse can seek the remedy of divorce.

What is the Hindu Marriage Act based on Fault theory?

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. Section 13 (2) provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.