HINDU MARRIAGE ACT 1956

HINDU MARRIAGE ACT COMPRISED IN SECS. NO.1 TO 30.. GENERALLY THE PROBLEMS BETWEEN THE SPOUSES ARE GOVERNED UNDER SEC.9, TO 28 A. 1.RESTITUTION OF CONJUGAL RIGHTS:-SEC.9 SAYS THAT WHEN EITHER SPOUSE, WITHOUT ANY REASONABLE CAUSE, WITHDRAWN, FROM THE SOCIETY OF THE OTHER SPOUSE, THE AGGRIEVED SPOUSE MAY FILE A CASE FOR RESTITUTION OF CONJUGAL RIGHTS. THE EXPLANATION THAT IS GIVEN UNDER THIS SECTION MAKES IT CLEAR THAT THE BURDEN LIES ON THE SPOUSE WHO WITHDRAW THE ASSOCIATION OF OTHER SPOUSE AND IT IS A BOUNDEN DUTY TO PROVE THAT FOR VALID REASONS ONLY -WITHDRAW THE SOCIETY OF OTHER 2.JUDICIAL SEPARATION :- SEC.10 [1] SAYS THAT ANY AGGRIEVED PARTY AMONG THE SPOUSES, MAY APPLY FOR JUDICIAL SEPARATION ON THE GROUNDS ON WHICH A DIVORCE PETITION CAN BE FILED THAT IS SEC.13[1] AND [2] AND ON INQUIRY THE COURT CAN PASS A DECREE FOR JUDICIAL SEPARATION AND IN THAT CIRCUMSTANCES THERE IS NO OBLIGATION ON ANY SPOUSE TO LEAD MARRITAL LIFE. SEC.10[2] DEALS THAT WHEN ANY PARTY APPLIED FOR RESCIND THE DECREE AND ON SATISFACTION RESCIND THE DECREE FOR THE REUNION OF BOTH SPOUSES. 3. DIVORCE :- SEC.13 SAYS ABOUT THE GROUNDS OF DIVORCE -SEC.13[1][i] THE SOLEMNIZATION AFTER OF MARRIAGE WHEN ANY SPOUSE HAS GOT ILLEGAL CONTACTS WITH OTHERS OR [ia] AFTER THE SOLEMNIZATION OF MARRIAGE,HAS TREATED THE PETITIONER WITH CRUELTY OR [ib] HAS DESERTED THE PETITIONER CONTINUOUSLY FOR THE PERIOD OF NOT LESS THAN TWO YEARS IMMEDIATELY PRECEDING THE PRESENTATION OF THE PETITION OR {ii} HAS CEASED TO BE HINDU BY CONVERTING INTO OTHER 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 OR [iv] HAS BEEN SUFFERING FROM A VIRULENT AND INCURABLE FORM OF LEPROSY OR [v] HAS BEEN SUFFERING FROM A VENEREAL DISEASES 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 7 YEARS OR MORE BY THOSE PERSONS WHO WOULD NATURALLY HAVE HEARD OF IT , HAD THAT BEEN ALIVE . SEC.13 [1A] [i]AND [ii] DIVORCE MAY BE GRANTED WHERE NO COHABITATION WAS RESUMED AFTER PASSING JUDICIAL SEPARATION OR RESTITUTION OF CONJUGAL RIGHTS FOR MORE THAN ONE YEAR. SEC.13[2] [i]DEALS WITH THAT THE WIFE CAN FILE DIVORCE PETITION IN THE CASE OF ANY MARRIAGE SOLEMNIZED BEFORE THE COMMENCEMENT OF THE 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 SOLEMINZANTON OF THE MARRIAGE OF THE PETITIONER PROVIDED THAT IN EITHER CASE THE OTHER WIFE IS ALIVE AT THE TIME OF FILING THE CASE OR [ii] THAT THE HUSBAND HAS SINE THE SOLEMNIZATION THE MARRIAGE, BEEN FUILTY OF RAPE, SODOMY OR BESTIALITY OR [iii] THAT MAINTENANCE IS GRANTED UNDER HINDU ADOPTION AND MAINTENANCE SUIT OR UNDER SE C,125 OF CRPC AND NO RESUMPTION OF MARITAL LIFE FOR MORE THAN ONE YEAR OR UPWARDS [vi] 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.