Under the hindu marriage act, if the marriage takes place in spite of the fact that a party to that marriage had a spouse living, such marriage would be void under section 11 of the hindu marriage act. The unamended section 15 laid down a minimum period of one year since the date of decree of divorce within which it was not lawful for the divorced persons to marry again. Us b 2 of the hindu marriage act, 1955 mutual consent divorce petition first motion under indian divorce act, 1869. Please click on the below links for more information. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu.
The supreme court today held that minimum period of six months stipulated under section b2 of the hindu marriage act, 1955 act for a motion for passing decree of divorce on the basis of mutual consent is not mandatory and can be waived by courts depending on the facts and circumstances of the case. Its only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, on the ground that they have been living separately for a period of one. If any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of sub section 1 of section , the court may, if it. Subject to the provisions of this act a petition for dissolution of marriage by a decree of. Waiver of cooling period under sec b 2 of hindu marriage act. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt.
Sc read judgment to read the entire article, get a premium account. The code of criminal procedure, 1973 crpc the consumer protection act, 1986. The period of 6 to 18 months provided in section b is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. Divorce petition by hindu wife on the grounds of cruelty. Six months waiting period in section b 2 of hindu marriage act for divorce by mutual consent not mandatory. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent. The hindu marriage act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in section 1 on which either the husband or wife could sue for divorce, and two fault grounds in section 2 on which wife alone could seek the divorce. Petition for dissolution of marriage by a decree of divorce by mutual consent under section b 1 of the hindu marriage act, 1955 no. The law does not permit the purchase of a decree of divorce for consideration, with or without the consent of the other side. Such a marriage is also described as void under section 17 of the hindu marriage act under which an offence of bigamy has been created. Six months waiting period section b 2 of hindu marriage act.
Joint petition under section b, of the hindu marriage act, 1955. What is section 23 in the hindu marriage act, 1955. Section b of the hindu marriage act, 1955, provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. No petition for divorce to be presented within one year of marriage. Section b of the hindu marriage act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. In the matter of divorce of the petitioner with the respondent on grounds of cruelty. Section b 2 in the hindu marriage act, 1955 2 on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub section 1 and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. The marriage laws amendment act 1976 has inserted two additional fault grounds of divorce for wife and a new section b under which, divorce by mutual consent has been made available as a matrimonial relief. Six months waiting period in section b2 of hindu marriage act for divorce by mutual consent not mandatory. Mutual consent divorce petition second motion under indian divorce act, 1869.
Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. Hindu marriage act, 1955, section 1ia, 1ib, 231a divorce cruelty and desertion petition by husband husband after birth of child had not taken any step to see child till the date of his deposition in court such a conduct along with prayer to make dna test amounts to humiliate wife and child in public eyes in society a. These are bare act provisions of section of the hindu marriage act, 1955. Section b in the hindu marriage act, 1955 indian kanoon. Section b2 in the hindu marriage act, 1955 indian kanoon. Hindu marriage act, 1955 wikisource, the free online library. If any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of subsection 1 of section, the court may, if it.
Legal provisions of section 15 of the hindu marriage act, 1955. Petition for divorce under section b hindu marriage act. And whereas there is a need to create a uniform mechanism for registration of hindu marriages and for matters which are incidental or ancillary thereto. Petition for divorce under section hindu marriage act 1955. People who are searching for hindu marriage act 1955 book pdf can find here. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Decree in proceedings 1 in any proceeding under this act, whether defended or not, if the court is satisfied that a any of the grounds for granting relief exists and the petitioner 47 except in cases where the relief is sought by him on the ground specified in subclause a, subclause b or subclause c of clause ii of section 5 is not in any way taking advantage of. Unlimited access to live law archives, weeklymonthly digest, exclusive notifications, comments. Section 81 of hindu marriage act provides that for the purpose of facilitating the proof of hindu marriages, the state government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered on such manner and subject to such conditions, as may be prescribed in a hindi marriage.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Petition for divorce under section hindu marriage act. A husband who is at fault can not claim divorce the evidence of pw. Sample hindu marriage act case law delhi law academy. Section 1 ia ib of hindu marriage act, 1955 for short the act seeking divorce against the respondent, was dismissed. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. In this transitional period the parties or either of them may have second thoughts.
The marriage laws amendment act, 1976 has omitted the proviso to section 15 as a result of which parties can remarry before the expiry of one year. I can complete translation of attached pdf within few hours with 100% accuracy. Section 1ib of the hindu marriage act, provides that a decree of divorce may be granted on the ground that the other party has deserted the petitioner for continuous period of not less than 2 years immediately preceding the presentation of the petition. An act to amend and codify the law relating to marriage among hindus. Here we have also given some reference books and related books pdf. If a marriage contravenes the the conditions specified in section v clauses i, iv and v of the act, either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. Divorce by mutual consent is under section b of hindu marriage act. The provisions of section shall be discussed in upcoming articles. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. A hindu marriage can be dissolved only on any of the grounds plainly and clearly enumerated under section of the hindu marriage act. The hindu marriage act, 1955 originally contained two fault grounds in section 2 on which, a hindu wife alone could sue for divorce.
That, as prayed in application filed under section 151 cpc the period of six months for moving second motion under section b 2 of the hindu marriage act may be waived off condoned in the circumstances of the case. In the present case, the parties were living separately for past 8 years and arrived at a settlement for all. Section b of the hindu marriage act, 1955 deals with divorce by mutual consent. What the section provides for is that the party needs to have deserted the. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. Hindu marriage act 1955 section citation 8817 bare. A division bench of alok singh and narayan singh dhanik, jj. Six months waiting period section b 2 of hindu marriage act for divorce by mutual consent not mandatory. Short title and extent 1 this act may be called the hindu marriage act, 1955.
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