Chapter. I —The Sources of Hindu Law. „. II—Benami Transactions and. The Law of Damdupat. BOOK n. The Law of Status or Personal and Family relations. This book is available for free download in a number of formats - including epub, pdf, azw, mobi and more. You can also read the full text online using our. The Hindu Inheritance (Removal of Disabilities) Act, · The Hindu Law of Inheritance (Amendment) Act, · The Hindu Marriage Disabilities Removal Act.
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Hindu Law eBook & Lecture Notes PDF Download (bvifacts.info - India's Biggest Website for Law Study Material Downloads) - Free download as PDF File . Free kindle book and epub digitized and proofread by Project Gutenberg. Hindu Law and Judicature by Yájnavalkya Download This eBook. This page contains listing of free Law Books Online TextBooks and tutorials they are downnloadable or for viewing online in the html pdf zip chm or rar file.
Maintenance Chapter 5: Adoption Chapter 6: Hindu Minority and Guardianship Chapter 7: Gift Chapter 8: Joint Family and Coparcenary Property Chapter Chapter 1: Principles of Muslim Law Chapter 2: Sources of Muslim Law Chapter 3: Schools of Muslim Law Chapter 4: Marriage Chapter 5: Dower Chapter 6: Divorce Chapter 7: Maintenance Nafqah Chapter 8: Waqf Chapter 9: Hiba Gift Chapter Will Chapter Guardianship Chapter Pre-emption Chapter Death Bed Transactions Chapter Acknowledgement Chapter Succession and Inheritance.
Selling Price: You will save: Select your rental days. Abhinav Misra Number of Pages 87 Available. Frequently Brought Together. Property obtained by grant from the Government. Marriage gift. The Hindu Gains of LearningAct, Prior to thisAct, income earned by a member of joint family by the practice of a profession or occupation requiring a special training imparted at the expenses of the joint family property was considered to be joint family property.
Rights of Coparceners: Community of interest and unity of possession. Share of Income. Joint possession and enjoyment. Right to restrain improper acts. Right of maintenance and other necessary expenses.
Right to enforce partition. Right to account. Right to alienation. Manager Karta: Property which belongs to a joint family is ordinarily managed by the father or another senior male member of the family.
Under Hindu Law the manager of a joint family is called the Karta. But such a senior member may give up his right of management. But a minor member of the family cannot be a Karta. In the absence of any major member, the court may appoint a guardian for the whole of the joint family property. He is not the partner, principal or agent of the family. He is more like a trustee. Power of the Karta: Power over the income and expenditure.
Power to manage joint-family business. Power to contract debts. Power to acknowledge debts. Power to start a new business. Power to refer disputes to arbitration. Power to compromise. Duty to render accounts 1. Duty to realise debt due to the family 2. Duty to spend reasonably 3. Duty not to start a new business without the consent of the coparceners 4.
Duty not to alienate coparcenary property without legal necessity or for he benefit of the estate. Alienation of Coparcenaries Property: Under Hindu Law only the following persons have the power to alienate the coparcenary property. Alienation by the manager or Karta 2. Alienation with the consent of all the coparceners 3.
Alienation by the father as Karta 4. Alienation by the sole surviving coparcener. The ceremonies of a conversion are prescribed by the religion to which the conversion is sought.
The Dharmashastra did not prescribe any ceremony for conversion to Hinduism. Under Hindu Law; a person does not lose his faith by mere renunciation of it or by merely professing it or practising it. Thus, if a person, Christian by faith, becomes an admirer of Hinduism, so much so that he starts practising and preaching it, he does not thereby become a Hindu. A non Hindu may renounce his religion and become Hindu by conversion by any of the following three methods - a If he performs the ceremony of conversion prescribed by the caste or community to which he converts.
Among the Hindus, it is only the Arya Samajists who prescribed a ceremony of conversion, known as sudhi.
On her death, leaving behind a lot of property, the question was whether she was Hindu or not. The Court decided that she was Hindu. Their marriage was held by Hindu ceremonies; by their wedlock a child was born named Poonuswami.
Perumal andAnnapajam's relation were broken due to some reason. So Poonuswami filed a suit through his mother. Peru mal argued that the son was illegal as their marriage was illegal due to the girl being a S tu d yn a m a.
The Supreme Court decided that marriage as well as son was legal. Later on Moonuswami reconverted into Hinduism and married with a Hindu girl. Marthamma argued that Moonuswami was a Christian and their was no provision of reconversion into Hinduism. The Court decided that reconversion was possible and marriage was legal one.
Discuss the position of 'Srutis' and 'Smritis' as the sources of Hindu Law. Define Custom and enumerate the various kinds of customs. What are the essentials of a valid custom under Hindu Law?
Define different Schools of Hindu Law. What is the joint family? Discuss the rights of the Karta. Institution of marriage has a paramount status in the social life of Hindus.
It is one of the oldest institutions. According to Raghunandan 'The acceptance of bride as his wife by the bridegroom in a gift by her parents is defined as marriage. By marriage man and woman are united into a wedlock. A Hindu marriage is looked upon as something which is more of a religious necessity and less of a physical luxury.
Rishi Rin is discharged by getting education, Dev Rin is discharged by prayer and by making gift but for the discharge of Pitri Rin a Hindu must have his own son who is supposed to perform funeral rites and to give sacred obligations to the ancestors on their death for their salvation.
Marriage is also necessary among Hindus because all the religious ceremonies and rites are to be performed in the companionship of his wife otherwise they will not bear any fruits. From the Rig Vedic period marriage was considered as a sacramental union. A marriage is the union of flesh with flesh and bone with bone.
It is a union which is indissoluble. As long as her husband is alive, the wife is enjoined to regard him as her God; likewise, the wife is declared to be half the body of her husband Ardhangini who shares with him equally the fruits of all his acts, good or bad.
Man is only half, not complete until he marries. The wife is the source of Dharma,Artha and Kama, and she is also the source of Moksha.
According to Manu, the daughter is given in marriage only once and she remains the wife of that person to whom she is given in marriage for her whole life. According to Narada and Parasara, there are only five conditions in which a wife could abandon her husband and remarry - 1. But these conditions could be allowed only in the case of unapproved form of marriage. Marriage is a tie which once tied cannot be untied.
It is sacramental union and continues to exist even after the enactment of the Hindu MarriageAct. On the other hand, Manu shows that it is actually a gift of the bride. Thus, an essential part of the marriage ceremony is what is called Kanyadan and it fulfills all the requirements of a gift under the Hindu Law. Similar observations are to be found in several cases as follows- 1 1. Purshottamdas v Purshottamdasthe Court observed that Marriage of Hindu children is a contract made by their parents.
Muthusami v Masilaman i, A marriage, whatever else it is, i. Anjona Dasi v Ghose, The suits relating to marriage deal with that which in the eye of the law must be treated as a civil contract, and important civil rights arise out of that contract. On the basis of above mentioned and other cases, it can safely be concluded that under the ancient, uncodified Hindu Law, a Hindu marriage was not only a sacrament, but also a contract.
In the present Hindu Marriage Act, since now a provision has been made for a divorce by mutual consent, it also indicates that marriage is a contract dissoluble by mutual consent. Changes BroughtAbout by theAct: Monogamy has been introduced and provided punishment for bigamy.
The minimum age for marriage, 21 for boy and 18 for girl. TheAct does not recognise any particular form of marriage but prescribes some conditions. Registration of Hindu Marriage. Restitution of conjugal rights. The provision of judicial separation. The provision of divorce and the concept of divorce by mutual consent. The provision of re-marriage.
Legitimacy of a child born out of either void or voidable marriage. Provision for the custody of children during the pendency of legal proceeding and even after the passing of decree. Conditions of a Valid Marriage under the Act: There are five conditions of marriage enshrined under Section 5 of the Hindu Marriage Act, in absence of which the marriage will not be deemed to be a valid marriage. According to Section 5 a marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely: KAM KUS 18 such a kind or to such an extent as to be unfit for marriage and the procreation of children; or c has been subject to re-current attacks of insanity or epilepsy; iii The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of the marriage; iv the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of marriage between the two; v the parties are not sapindas of each other, unless the custom of usage governing each of them permits of a marriage between the two.
If marriage contravenes anyone of the conditions under clause i , iv and v , the marriage is null and tr'oid while contravention of the condition under clause ii renders marriage voidable. The Act does not provide for the situation where clause iii is violated.
However, it has been held that violation of the condition under clause iii does not render a marriage either void or voidable. Section 5 i recognises the principle of monogamy and prohibits bigamy. Section 11 makes a bigamous marriage void and Section 17 makes it a penal offence for both Hindu males and females under Section and of Indian Penal Code. In Sambireddy v. Jayamma, it was held that Section 5 read with Section 17 rendering a bigamous marriage void is not ultra vires the Constitution on the ground that it contravenesArticle 14, 15 or 25 1.
Yamuna BaiAnand RaoAdhav v. Anant Rao Shiva RamAdhava. The offence of bigamy would be constituted only when at the time of the performance of subsequent marriage the spouse of such party to marriage was alive and that marriage was not void or invalid.
But In every case the offence would be punishable if the essential requirements of law and religion had not queen duly fulfilled and performed. Amarriage in contravention of Section 6 i is void even though it is not declared to be void.
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In case where in her own suit, the wife has obtained a declaration that her husband could remarry during her life time, the marriage of her husband with another woman would be illegal despite the consent of his first wife and giving such declaratory relief by the court concerned would be erroneous and illegal. Despite want of appropriate provision to the effect in the Hindu Marriage Act, , any party to the marriage could be restrained from remarrying under the appropriate order of injunction.
This was so held in Uma Shankar v. Rajdevi, and Shankerappa v. Vassappa, According to this clause one of the conditions for a Hindu marriage is that neither party must be suffering from unsoundness of mind, mental disorder, insanity or epilepsy at the time of marriage. Section 12 1 b renders at the instance of aggrieved party, the marriage voidable. Alka Sharma v. Avinash Chandra has laid down that the word 'and' between expression unfit for marriage S tu d yn a m a.
The court can nullify the marriage if either condition or both conditions contemplated exist due to mental disorder making the living together of parties highly unhappy. It was also held in this case that the word "procreation" implies within it not only capacity to give birth to children but also to look after them as well as so as to bring them up.
From the use of the expression "has been suffering" under clause c it is clear that it is not necessary that a person should be insane or suffering from epilepsy at the time of marriage. It is sufficient if he or she had been subject to recurrent attacks of insanity or epilepsy. Age of the Parties: Clause iii as amended by the Child Marriage Restraint Amendment Act, prescribes the age of the bridegroom and bride as 21 years and 18 years respectively to have capacity for solemnising a Hindu Marriage.
But the marriage in contravention of the age limits can neither be void nor voidable, though it is punishable under Section The Supreme Court also observed in Lila Gupta v. Lakshminarayan S. Prohibition as to prohibited Degrees of Relationship and Sapindas: Clause iv lays down the condition that the parties to a Hindu Marriage should not be within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two, whereas under clause v the parties should not be sapindas of each other.
The expressions 'degrees of prohibited relationship' and "sapinda-relationship" are to be interpreted according to the definitions given in sub clause f and g of section 3 of theAct. Wherever, a custom is relied upon to validate a marriage, it must be valid custom as defined in section 3 a of theAct.
Proving one instance where marriage took place in contravention of either of these clauses is not sufficient to prove custom. Ceremonies for a Hindu Marriage: The Hindu Marriage Act.
It gives statutory recognition to the marriage under the Hindu law as a sacrament. Section 7 of theAct provides for the ceremonies of a Hindu marriage as follows: A Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. Where such rites and ceremonies include the saptapadi i. The section speaks of solemnisation of marriage in accordance with customary rites and ceremonies.
The word "solemnised" means to celebrate the marriage with proper ceremonies with the intention that the parties should be considered to be married.
In Bhaurao v. State of Maharashtra S. Further, under the section it is sufficient if the marriage is solemnised in accordance with customary rites and ceremonies of either party. It is not necessary that the customary rites and ceremonies of both the parties should be followed. InAsrabai v. Dhondiram where a marriage is performed according to the customary rites and ceremonies of one party which did not include Saptapadi even though according to S tu d yn a m a.
KAM KUS 20 the customary rites and ceremonies of the other party Saptapadi was an essential ceremony, it was held that it was a valid marriage. Factum Valet.: In certain cases it is presumed that the necessary rites and ceremonies have been followed to constitute a valid marriage. This is known as doctrine of factum valet.
Under the old law, ",'here the factum of marriage is established the doctrine of factum valet was applied and a valid '1larriage was presumed. Even after this Act such a presumption can be drawn in appropriate cases. Registration of Hindu Marriage: In order to faciliate proof of a Hindu marriage Section 8 of the Act provides that the State government is authorised to make rules for the purpose of registration of -narriages as there are various customary forms of marriage in different communities among the Hindus and it would difficult to prove such customary forms.
Such rules must inter alia proVide that the parties to any such marriage may have the particulars relating to their marriage entered in the marriage register in such manner and subject to such conditions as may be prescribed. It was held in Kishan Paul v. Ashok Kumar Pal HLR , that registration of a marriage under this section will not ipso facto make the marriage valid, if it is otherwise invalid and a suit for declaration that the marriage is invalid is maintainable.
Judicial Separation: The provision for the judicial separation is provided under Section 10 of the Hindu MarriageAct, Either party to a marriage, whether solemnised before or after the commencement of this Act may present a petition praying for a decree for judicial separation on any of the grounds specified in sub- section 1 of Section 13, and in the case of a wife also on any of the grounds specified in sub-section 2 thereof, as grounds on which a petition for divorce might have been presented.
Where a decree for judicial separation has been passed, it shall no longer be Obligatory for the petitioner to cohabit with the respondent but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition rescind the decree if it considers it just and reasonable to do so. Judicial separation is different from divorce. It is considered to be a lesser evil as it leaves open the door 'or reconciliation. Judicial separation puts the obligation of cohabitation to an end, although it does not affect the marital relationship.
Therefore, as soon as the decree under Section 10 is passed the parties to marriage are relieved of the duty to live together and co-habit, but any act of cohabitation between the 'two would neutralise the effect of decree and their normal marital life is restored. In this sense it is different from divorce in which the relationship of husband and wife ceases to exist.
The object of the provision is mainly to give time to the spouses for approachment and reconciliation. The effect of an order under this section granting judicial separation is to permit spouses to live apart and to afford an opportunity to reconcile. For the application of the section a valid marriage must subsist between the parties.
Where the relationship of marriage is denied, the factum of marriage and its solemnisation has to be proved by the petitioner. Grounds for Judicial Separation: The grounds for taking recourse under this section are the same as that of divorce provided under Section 13 1 of theAct.
These are the common ground for both the husband and wife. These common grounds are as follows: That the other party has, after solemnisation of marriage, voluntary sexual intercourse with any person other than his or her spouse Or 2. Other party treated the petitioner with cruelty, or 3. Other party has deserted the petitioner for a continuous period not less than two years immediately preceding the presentation of petition; or 4. Other party has ceased to be Hindu by conversion to another religion; or 5.
Other party has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a nature and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. In this clause. Other party has been suffering from venereal disease of communicable form; or 7. Other party has been suffering from a virulent and incurable form of leprosy; or 8.
Other party has renounced the world by entering any relegious order; or 9. Other party has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard had that party been alive. There are some other grounds provided only to the wife which are as follows: KAM KUS 22 fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
The old Hindu law believed that the marital tie could not be severed under any circumstances whatsoever. Manu does not approve of dissolution of "marriage in any condition. The provision of divorce under Hindu law has brought about a radical change in the concept of Hindu marriage. Divorce puts the marriage to an end, parties revert back to their unmarried status and are once again: Tee to marry. Section 13 of theAct describes the circumstances which extend the right of divorce.
Section 14 says that no petition for divorce can be presented within one year of the marriage unless it causes exceptional hardship to the petitioner or it becomes a case of exceptional depravity on the part if the respondent. Section 15 of theAct lays down the limitations on the right of divorced persons to l1arry again. The Marriage Laws Amendment Act. An aggrieved party, if he or she so chooses may choose for divorce or judicial separation. Section 13 B is remarkable in the sense that it has substantially eroded the sacramental character of Hindu Marriage.
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Besides the common grounds enumerated under Section 13 1 and 13 b there are some specific grounds available only to a wife as a ground for divorce or Judicial separation under Section 13 2 Grounds of Divorce [Under Section 13 1 ]: A lawful marriage can be dissolved by presenting a petition for divorce by either party to marriage on any of the following grounds: Before the coming into force of the Marriage Laws Amendment Act, "living in adultery" was a ground of divorce.
On the other hand, a petitioner could obtain a decree of judicial separation, if he could show that his spouse, after the solemnization of the marriage, had sexual intercourse with any person other than his spouse.
Now adultery simplicitor has been made ground of divorce as well as of judicial separation. Clause i of Section 13 1 runs as" has after the solemnization of the marriage voluntary sexual intercourse with any person other than his or her spouse". To establish adultery it is not necessary to prove a continuous course of adulterous life for divorce.
Only this much is required to be established that the respondent has willfully indulged into sexual intercourse with a person other than his or her spouse. For instance in Rajendra Agarwal v. Sharda Devi M. It need not be proved that the respondent has been living in adultery. In Sanjuka Padhan v. At about 1 a. In this way she was away from her parental home and when her father in law went to call her back she bolted herself inside a room and visited her marital home no further.
The Court under the circumstances, found sufficient circumstantial evidence for adultery and granted the decree for divorce. In another case Chandrawati v. Kailash Nath 1 AI R All , the husband filed a petition for divorce on the ground of adultery and tendered in evidence an admission letter written by the unchaste wife dated two years earlier, the Court held that it would amount to condonation of bad conduct of the wife as he had later continued to live as husband and wife.
The burden of proof is on the petitioner. In Chander Prakash v. Sudesh Kumari AIR. KAM KUS 23 was held that it is a presumption in law that the respondent charged with adultery is innocent and the burden to prove adultery lies on the party who has alleged it. Under clause i a of Section 13 1 "cruelty" is a ground for divorce. This provision has been inserted by the Marriage Laws Amendment Act This provision provides that divorce can be granted on the ground of cruelty if the other party has, after the solemnisation of marriage treated the petitioner with cruelty.
The expression "cruelty" is not defined in the Act. In Russel v. Russel in the year Lopes, LJ has defined cruelty as "there must be danger to life, limb or health, bodily or mental or a reasonable apprehension of it.
Recently, in Rajan Vasant Revan Kar v.
Cruelty includes both physical and mental cruelty. So far as physical cruelty is concerned what acts of physical violence will amount to cruelty will differ from case to case, depending upon the susceptibility and sensibility of the party concerned. A single act of violence may not amount to cruelty. A solitary incident of beating resulting in minor injuries cannot be said as an act of cruelty.
In Bhagat v. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. In a recent case R. Balasubramanian v. Vuyalakshmi Balasubramanian AIR. But the court observed that as both were living together and husband had condoned the cruelty of wife, cruelty and desertion set-up by husband is not maintainable. In another recent case S. Hanumath Rao v.
Ramani AIR. Mere removal of mangalsutra by the wife does not amount to mental cruelty within the meaning of Section 13 1 i a. False accusations of adultery or unchastity-For instance in Samptami v.
Jagdish Cal. Persistent refusal to have marital intercourse amounts to cruelty. Prosecution of a spouse by the other of a false criminal charge amounts to cruelty. Persistent charges of immorality against the husband and causing injuries to the husband and filing complaints against the husband amount to cruelty. False, defamatory, malicious, baseless and unapproved allegations made against the spouse to superior officers or authority amount to cruelty.
Making false charge of adultery in the cross-examination of the wife does not amount to cruelty. Mere allegation of impotence against the wife is not cruelty. The wife telling the husband on the first wedding night that he had and that persons with ugly face have also an ugly mind, does not amount to cruelty as understood in matrimonial law.
Outburst of temper without rancour, non payment of interim maintenance or desertion per-se, does S tu d yn a m a. The clause was added by the Marriage Laws Amendment Act, It provides "Desertion" for a period of two years, as one of the grounds for divorce. It is the total repudiation of the obligations of marriage. It is the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. Desertion may be actual, constructive or it may be by wilfull neglect.
Under Section 13 1 i b the petitioner has to prove: In other words, two important elements are essential to constitute desertion, viz. Further, the offence of desertion is complete only after the period of two years is spent. For instance in the case of Anand Prakash Dixit v.
P , the petition for divorce on the ground of desertion presented before the expiry of two years was dismissed as premature. Desertion is not only a physical act but it also involves essentially a mental act. Mere physical separation between the spouses or mere intention of one to separate from the other without any overt act would not by itself amount to desertion. Intention must be to end cohabitation permanently.
In Sunil Kumar v. It was held that she was not guilty of desertion. In Teerth Ram v. Parvati Devi AIR Raj 86 the wife living separately only wanted that her husband should establish independent matrimonial home where she would live with him as the other brother of husband has done, although she had no intention to break the matrimonial home, it was held that the wife could not be said to have deserted the husband without sufficient reasons.
Bhawna v. In Madan Mohan v. Recently, in Rajosh v. Rukmini, the divorce petition was filed by the husband on the ground of desertion. Wife states that she was driven out by the husband and she was ready to co-habit with husband. The husband's explanation was not satisfactory for divorce. The Court held that husband cannot be permitted to take the benefit of his own wrong so the decree for divorce cannot be granted on the ground of desertion. Section 13 1 ii States that if a spouse has ceased to be a Hindu, by conversion to another religion, the other spouse can obtain divorce under this clause.
The conversion of the respondent to a non-Hindu faith does not amount to automatic dissolution of marriage. The petitioner has to file a petition to obtain a decree of divorce. If a petitioner chooses to continue to live with his spouse who has converted to another religion, there is nothing to debar him from doing so. Under clause iii of Section 13 1 a petitioner may get a decree of divorce or judicial separation if the respondent "has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner can not reasonably be expected to live with the respondent.
Accordingly, it means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia.
Rameshwari AIR S. Alka v. Abhinesh AIR M. The Marriage Laws Amendment Act, has made leprosy a ground both for judicial separation and divorce. No duration of leprosy is specified. Under clause iv the petitioner is required to show that the respondent has been suffering from virulent and incurable leprosy, thus two conditions are necessary: The venereal diseases are only such diseases which are communicated by sexual intercourse.
Section 13 1 v requires that the disease must be in a communicable form. Section 13 1 vi provides a right for having divorce if the other spouse has renounced the world by entering any religious order. Under Section 13 1 vii if spouse has not been heard of as being alive for a period of 7 years or more by those persons who would have naturally heard of it, had that party been alive, the other spouse is given a right to obtain divorce.
This clause is based on the rule of evidence contained in Section of Indian EvidenceAct. Non-resumption of Cohabitation: Sub-section 1 A of Section 13 provides that whether the marriage was solemnized before or after the commencement of this Act either party to the marriage may present a petition for dissolution of marriage by a decree of divorce provided there has been no resumption of cohabitation between the parties for a period of 1 year or upwards after the passing of the decree for judicial separation and where there has been no restitution of conjugal rights between the parties for a period of 1 year or upwards after the passing of the decree for restitution of conjugal rights.
It was held In Tulsa Bai v. The one year period has to be noted from the date the decree becomes final. It was held in Shruti 3enedee v.
Tapan Kumar Banerjee Cal. However, in Sukhvinder Kaur v. Dilbagh Singh, Punj. LR it was laid down that "'here the trial court had dismissed the petition for restitution of conjugal rights and the decree was passed by the appellant court, S tu d yn a m a. KAM KUS 26 the statutory period of one year would commence running from the date of appellate decree. GroundsAvailable to the Wife Only: That in the case of a marriage solemnized before the commencement th of the Act i.
That the husband has been guilty of rape, sodomy or bestiality after the solemnization of marriage. That the wife's marriage was solemnized before she attained the age of fifteen years and she repudiated the marriage after attaining that age but before attaining the age of eighteen years, whether the marriage has been consummated or not. Divorce by Mutual Consent Section 13 B: That both the parties have been living separately for a period of one year or more.
That both the parties have not been able to live together. That both the parties have mutually agreed that their marriage should be dissolved. When a Divorce Petition can be Presented Section Divorce has not been made easy and at least one year should have elapsed between the date of marriage and the presentation of a divorce petition.
But a petition may be filed within this period, if so permitted by the court on an application being made to it on the ground of- 1. Exceptional hardship suffered by the petitioner. Exceptional depravity on the part of the other party. When Divorced Persons can Re-marry Section After passing the decree of divorce, the parties to the marriage, may marry again, if the following conditions are satisfied- 1. When a marriage has been dissolved and there is no appeal against the decree of court.
If there is such a right of appeal but the time has been expired without filing an appeal. An appeal has been filed but has been dismissed. Under the general law, a legitimate child is one who is born in a lawful wedlock, and a child born out of a void marriage is necessarily a bastard. This would normally cause great hardship to a child for no fault of his own and therefore this section provides that notwithstanding that a marriage is null and void under Section 11 or a decree is granted in respect of a voidable marriage under Section 12, a child born is deemed to be the legitimate child of his parents, including rights of inheritance and succession.
Punishment of Bigamy Section If at the date of such marriage, either party has a husband or wife S tu d yn a m a. Court to Which Petition shall be Presented Section Every petition under this code shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction - 1.
Contents and Verification of Petitions Section The petition for any relief must distinctly set out the nature of the case and the facts on which the claim to relief is founded. It must also state except in a petition under Section 11 that there is no collusion between the parties to the marriage.
The statements contained in the petition have also to be verified by the petition or some other competent person in the manner in which plaints have to be verified, and such statements may be referred to as evidence at the time of the hearing. Application of the Code of Civil Procedure Section Except as otherwise provided by the Act, all matters of procedure under theAct are to be regulated by the C. TheAct also confers on the High Court, the power to make rules regulating the procedure to be adopted.
Section 21A of the Act provides that if a Petition under theAct has been presented to a District Court for judicial separation under Section 10 or for divorce under Section 13 , and subsequently another petition is presented by the other party to the marriage for judicial separation or for divorce, in the same District Court, or in a different District Court, in the same State or in a different State - a if the petitions are presented to the same District Court,- both the petitions are to be tried and heard together by that District Court; b if the petitions are presented to different District Courts,- the subsequent petition is to be transferred to the District Court in which the earlier petition was presented, and both the petitions are to be heard and disposed of by the District Court in which the earlier petition was presented.
Section 21 B provides that the trial of a petition under the Act should, as far as is practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary, and records the reasons for doing so. It is further provided that all petitions and appeals are to be disposed of as expeditiously as possible, and an endeavour is to be made to dispose of a petition within six months from the date of service of the notice of the petition on the Respondent, and an appeal within three months from the date of the service of the notice of the appeal on the Respondent.
Documentary Evidence Section 21 C: Section 21 C provides that notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under theAct on the ground that it is not duly stamped or registered.
Hearing in Camera Section The general rule of law is that every Court of justice is open to every person, and that all suits including matrimonial suits should be heard in open Courts. This rule is subject to certain limitations, and it was, therefore, formerly provided that a proceeding under the Act was to be conducted in camera - a if either party so desired; or b if the court so thought fit.
Clause a and b above have now been deleted from Section 22, by the Amendment , the effect being that all proceedings under theAct would now have to be conducted in camera. Further, it is also not lawful for any person to print or publish any matter in relation to any such proceeding, except judgment of a High Court or of the Supreme Court, and that too, with the previous permission of the Court, under pain of fine upto a maximum of Rs.
Decree in Proceedings Section There are certain conditions which the court must take into account before passing decree in any proceeding under theAct. Not TakingAdvantage of his her Own Wrong: The Court before granting the relief should fully satisfy itself that some established rule of relief exists and the petitioner is not in any way taking advantage of his or, her own wrong.
Absence of Connivance and Condonation: There should not be any connivance with respondent, or the plaintiff should not have condoned the acts of the respondent. Absence of Collusion: The petition must not be presented or prosecuted in collusion with the respondent. No Unreasonable Delay: