HINDU MARRIAGE ACT 1956

THIS SECOND PART OF THE ACT DEALS WITH VOID AND VOIDABLE MARRIAGES AND MUTUAL DIVORCE AND ALTERNATE A RELIEF IN DIVORCE AND WHEN TO FILE A CASE IN THE COURT AND WHEN TO REMARRY AGAIN. 1.VOID MARRIAGES :- A MARRIAGE WHICH TOOK PLACE AGAINST TO THE PROVISIONS OF SEC.5 [i],[iv]AND [v] ARE NULL AND VOID. SEC.5[i] SAYS THAT WHEN AT THE TIME OF MARRIAGE, ANY SPOUSE WHETHER BRIDE OR BRIDEGROOM HAS A LIVING WIFE OR HUSBAND, THAT MARRIAGE IS NULL AND VOID. SEC.5[iv] SAYS THAT WHEN THE PARTIES ARE WITHIN THE PROHIBITED DEGREE RELATIONSHIP UNLESS THE CUSTOM OR USAGE GOVERNING EACH OF THEM PERMITS BETWEEN THE TWO, THE MARRIAGE IS NULL AND VOID. SEC.5[v] WHEN THE SPOUSES ARE SAPINDAS OF EACH OTHER, UNLESS THE CUSTOM OR USAGE PERMITS, THE MARRIAGE IS NULL AND VOID.MAY ON A PETITION BY EITHER PARTY THERETO AGAINST THE OTHER PARTY , THE MARRIAGE BE DECLARED BY A DECREE OF NULLITY. 2.VOIDABLE MARRIAGES :-SEC.12 [1] DEALS WITH THE MARRIAGES THAT ARE VOIDABLE AND ANNULLED [A] WHEN THE MARRIAGE IS NOT CONSUMATED DUE TO IMPOTENCY OF THE OTHER OR [B] WHEN THE MARRIAGE TOOK PLACE AGAINST TO SEC.5[ii] [a] AT THE TIME OF MARRIAGE NEITHER PARTY IS INCAPABLE OF GIVING VALID CONSENT DUE TO UNSOUND MIND OR [b] THOUGH CAPABLE OF GIVING CONSENT , UNFIT FOR MARRIAGE AND BEARING OF CHILDREN OR [c] HAS BEEN SUBJECT TO RECURRENT ATTACKS OF INSANITY OR EPILEPSY OR [C] WHEN THE CONSENT OF THE MINOR PETITIONER OR PARENTS OR GUARDIAN BY FORCE OR CONSENT OBTAINED BY PLAYING FRAUD AS TO THE NATURE OF THE CEREMONY OR AS TO ANY MATERIAL FACT OR CIRCUMSTANCE CONCERNING THE RESPONDENT OR [D] THAT THE RESPONDENT WAS AT THE TIME OF THE MARRIAGE,PREGNANT BY SOME PERSON OTHER THAN THE PETITIONER.SEC.12[2] DEALS WITH EXCEPTIONS SAYING THAT[a] [i]NO PETITION SHOULD BE FILED AFTER ONE YEAR AFTER CEASING OF FORCE OR DISCOVERY OF FRAUD AS STATED IN [C] OR [a] [ii]. THE PETITIONER WITH HIS FULL CONSENT LIVED WITH RESPONDENT EVEN AFTER DETECTING FRAUD AND CEASING OF FORCE OR [b][i]. ON THE GROUND OF [D] OF [1] PREGNANT , THE PETITIONER IS AN IGNORANT OF FACT AND HE OUGHT TO HAVE FILED A PETITION WITHIN ONE YEAR FROM THE DATE OF MARRIAGE AS PER [b][ii] AND NO MARITAL INTERCOURSE WAS TAKEN PLACE BETWEEN THEM AFTER THE DISCOVERY OF PREGNANCY.3 ALTERNATIVE RELIEF :- SEC.13 A DEALS WITH ALTERNATIVE RELIEF IN DIVORCE PROCEEDINGS. IF THE COURT SATISFY THAT THERE IS NO NEED TO GIVE DIVORCE, IT CAN GRANT JUDICIAL SEPARATION .4.MUTUAL DIVORCE :- SEC.13B DEALS WITH MUTUAL CONSENT DIVORCE [1] SAYS THAT SUBJECT TO THE PROVISIONS OF THIS ACT, WHEN BOTH PARTIES PRESENTED A PETITION BY SAYING THAT THEY ARE LIVING SEPARATELY FOR MORE THAN ONE YEAR FROM THE DATE OF MARRIAGE AND THAT THEY ARE NOT ABLE TO LIVE TOGETHER AND THAT THEY HAVE AGREED MUTUALLY FOR DISSOLVE OF THE MARRIAGE AND [2] AFTER 6 MONTHS BEFORE 18 MONTHS, IF THE PETITION IS NOT WITHDRAWN, THE COURT MAY ON HEARING BOTH PARTIES CAN GRANT DIVORCE 5. NO PETITION SHOULD BE FILED WITHINONE YEAR OF MARRIAGE:-SEC.14[1]. WITHOUT CONSENT OF THE COURT NO PETITION SHOULD BE FILED WITHIN ONE YEAR FROM THE DATE OF MARRIAGE EXCEPT IN EXCEPTIONAL CASES AND AS PER [2] COURT HAS TO CONSIDER THE CHILDREN IF ANY AND POSSIBILITY OF RECONCILIATION BEFORE EXPIRE OF ONE YEAR.6. sec.15 deals with when to remarry- when there is no appeal is presented with in the time and even presented is dismissed or when there is no right of appeal after dissolving the marriage by divorce decree, it shall be lawful for either party to the marriage to marry again.

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.

FOREIGN DECREE OF DIVORCE

A FOREIGN DECREE OF DIVORCE OBTAINED BY HUSBAND, PENDING SUIT FOR DIVORCE AT INDIA AND WITHOUT SUBJECTING THE WIFE FOR THE JURISDICTION OF USA COURT- IS NOT BINDING AND VALID AND NOT ENFORCEABLE AGAINST WIFE-AIR 2003 DEL.175.

MAINTENANCE TO SECOND WIFE

SECS.5,7,18,20 AND 22 OF HINDU MARRIAGE ACT- AS PER THE PROVISO OF SEC.5 , THE SECOND MARRIAGE IS VOID DURING THE LIFE TIME OF FIRST WIFE AND AS PER SEC.18 HINDU WIFE MEANS LEGALLY WEDDED WIFE AND AS SHE IS NOT ENTITLED FOR SEPARATE RESIDENT AND MAINTENANCE-AIR 2008 DELHI 1

MAINTENANCE CLAIM TO SECOND WIFE

SECS.5,11,AND 25 OF HINDU MARRIAGE ACT-IT IS WELL KNOWN AND RECOGNIZED LEGAL POSITION THAT CUSTOMARY HINDU LAW LIKE MOHAMMEDAN LAW PERMITTED BIGAMOUS MARRIAGES WHICH WERE PREVALENT IN ALL HINDU FAMILIES AND MORE SO IN ROYAL HINDU FAMILIES. IT IS ONLY AFTER THE HINDU LAW WAS CODIFIED BY ENACTMENTS INCLUDING THE PRESENT ACT THAT BAR AGAINST BIGAMOUS MARRIAGES WAS CREATED BY SEC.5[1] OF THE ACT. KEEPING INTO CONSIDERATION, THE PRESENT STATE OF THE STATUTORY HINDU LAW, A BIGAMOUS MARRIAGE MAY BE DECLARED ILLEGAL IN CONTRAVENTION OF THE PROVISIONS OF THE ACT BUT IT CAN NOT BE SAID TO IMMORAL SO AS TO DENY EVEN THE RIGHT OF ALIMONY OR MAINTENANCE TO A SPOUSE FINANCIALLY WEAK AND ECONOMICALLY DEPENDENT . IT IS WITH THE PURPOSE OF NOT RENDERING A FINANCIALLY DEPENDENT SPOUSE DESTITUTE THAT SEC.25 ENABLES THAT THE COURT TO AWARD MAINTENANCE AT THE TIME OF PASSING ANY TYPE OF DECREE RESULTING IN BREACH IN MARRIAGE RELATIONSHIP. SEC. 25 IS AN ENABLING PROVISION. IT EMPOWERS THE COURT TO GRANT MAINTENANCE TO WIFE -2005[1]CCC84SC.