FOR ALL WHO WONDERING ABOUT INDIAN LAW
MATRIMONIAL CAUSES
A .Acc TO HINDU MARRIAGE ACT 1955 recognizes 4 matrimonial causes
1.Nulity of marriage
2.Judcial seperation
3.Dssoluton of marriage
4.Restitution of conjugal right
B. Customary divorce n dvorce under spl enactment
1. Nulity of marriage deals with Void and voidable marriages, void means no marriage, where no decree of court is necessary voidable marriage is perfectly valid marriage unless avoided.
Grounds of voidable marriages
1.inability to consummate,
2.ability to consent or suffering from mental disorder
3.concealment of pre marriage pregenancy
4.consent obtainned by fraud or force
2. JUDICIAL SEPERATION as under decree of court known as judical seperaton, or by agreement-in this cause doesn't need to perform any matrmonial obligatons nor their r any matrimonial rights but marrage subsits, sepration ceases if parties revoke the sepration, if decree is passed if partes didn't cohabitate within 1 yr any party can sue for divorce
3. DISSOLUTON OF MARRIAGE divorce put marriage to end, there 9 fault grounds to divorce u/s 13(1) and two fault grounds u/s 13(2) where only wife can apply for divorce
SECTION 13(1)
1.Desertion- actual, constructve,wilful neglect
2.cruelty mental or physical
3.Adultry
4.Insanity
5.Leprosy
6.Veneral diseases
7.Conversion to any religion
8.Renuniciation of the world
9.Presumpton of death if not heard as alve for atleast 7 yrs
Here desertion means deserton of one party by another
Actual desertion
A. factum of seperaton- means must have left the party (physical)
B. ntention to desert desertion without any cause without consent of other party
C. statutory period of two yrs
Constructive desrtion- desertion not from place but deserton to cohabtate
Wlful neglect- constructive desertion + constantneglect of the spouse
SECTION 13(2)
1. Pre act polygamous marriage- marriage before 18-5-1956
2. Unatural offences like rape,sodomy or bestialty by husband
IRRETRIEVABLE BREAKDOWN GROUNDS
1. No cohabtation for 1 yr after passng of dcree for JS
2. No restitution of conjugal rights
If divorce petition is fled wthn this 1 yr the petition remans pending n fresh petiton has to be filed after completion of 1 yr
Divorce by MUTUAL CONSENT S-13(B) conditions
1. lvng seperately for period of 1 yr
2. not able to live togethet
3. agreed to live seperatly
After filing of petition parties r required to wait for 6 mths though not more than total of 18 mths before divorce is granted (here in PR its 18 yrs)
Divorce by SPL ENACTMENT
1. by custom
2. under other enactments
AND HENCE THIS MADE ME REVISE MY WHOLE CHAPTER😆
Edited by hbkforever - 14 years ago