GROUNDS OF DIVORCE under Hindu Marriage Act

divorce

1. GROUNDS OF DIVORCE HINDU MARRIAGE ACT,1955

2. Hindus have considered their marriage as a sacrament implying it as permanent, eternal and a holy union. The Calcutta High Court once observed that a Hindu marriage is “more religious than secular in character” ( Manmohini vs Basant Kumar). However, in modern Hindu law, marriage has not become not only monogamous but also a dissoluble union. Hindu Marriage Act,1955 laid down certain conditions for a valid Hindu marriage and certain grounds for obtaining judicial separation and divorce.

3. Major changes brought by HMA,1955 Prescribed minimum age for marriage. Legitimacy conferred on children of voidable and void marriages. ‘Matrimonial reliefs” were provided such as restitution of conjugal rights, judicial separation, nullity of marriage and divorce. Provisions for alimony and maintenance were made. Registration of Hindu marriage. However, its primary objective of HMA is to preserve and protect the marriage.

4. Grounds of Divorce, section 13,HMA Adultery Cruelty Desertion Conversion Insanity Leprosy Venereal disease Renunciation Presumption of death

5. Sec 13(2): additional grounds of divorce provided to wife: A. Bigamy B. Rape, sodomy or bestiality C. Non-resumption of cohabitation after a decree/order of maintenance D. Repudiation of marriage

6. Other grounds Section 13 (1A) : (inserted by 1964 amendment) i . No resumption of cohabitation for a period of one year or upward after the passing of a decree for judicial separation; ii. No restitution of conjugal rights for a period of one year or upward after the passing of a decree for restitution. Section13(B) : Divorce by mutual consent ; inserted by 1976 amendment.

7. Judicial Separation Judicial separation is a legal decree that allows a married couple to live apart while remaining married. The judicial separation period is one year. It gives time for resolving the dispute and misunderstanding between the couple. A petition for judicial separation can be presented on any grounds that would also be grounds for a petition for divorce.

8. Irretrievable breakdown of marriage It is a situation where a marriage is beyond repair and the couple is no longer able to live as husband and wife. This ground is explicitly not recognized in the HMA. The main objection to consider it as a ground for divorce, is the fear that it will lead to an increase in the divorce rate and undermine the institution of marriage. However, hon’ble Supreme Court has recognized this concept in some cases and The Law commission of India in its reports in 1978 & 2009 also recommended this as an additional ground of divorce.

9. External Factors Cultural disparity Stereo-type upbringing Inter-caste/inter-religion differences Financial freedom of wife Economic disparity between families Unequal status Professional restrictions

10. Internal Factors Emotional Behavioral Physical compatibility Infidelity Treating as a commodity/object

11. Other Issues Unrealistic expectations Poor communication Ego/Revenge Mother-in-law/family member Male chauvinist society

12. Solutions Counselling/professional help for co-habitation Mediation by competent lawyers Advice by common close friends No expectation and giving space Introspection

13. HAPPY WIFE, HAPPY LIFE is destroying many marriages….it should be Happy spouse, Happy House because a good marriage consists of Two Happy People !