(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) Has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse ; or
(ia) Has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) Has ceased to be a Hindu by conversion to another 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.
Explanation.-In this clause,-
(a) The expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or
(iv) Has been suffering from a virulent and incurable from of leprosy; or
(v) Has been suffering from venereal disease in a communicable from ; 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 seven years or more by those persons who would naturally have heard of it, had that party been alive.
Explanation.-In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.
THE HINDU MARRIAGE ACT, 1955; ACT NO. 25 OF 1955 - An Act to amend and codify the law relating to marriage among Hindus.
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- 1. Short title and extent.
- 2. Application of Act.
- 3. Definitions.
- 4. Oveirriding effect of Act. Save as otherwise ex...
- HINDU MARRIAGES : Sec 5.
- 6. Guardianship in marriage.
- 7. Ceremonies for a Hindu marriage.
- 8. Registration of Hindu marriages.
- RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARA...
- 9. Restitution of conjugal right.
- 10. Judicial separation.
- NULLITY OF MARRIAGE AND DIVORCE
- 11. Void marriages.
- 12. Voidable marriages.
- 13. Divorce.
- 13 (1A)
- 13 (2) A wife may also present a petition for the ...
- 13A. Alternate relief in divorce proceedings.
- 13B. Divorce by mutual consent.
- 14. No petition for divorce to be presented within...
- 15. Divorced persons when may marry again.
- 16. Legitimacy of children of void and voidable ma...
- 17. Punishment of bigamy.
- 18. Punishment for contravention of certain other ...
- JURISDICTION AND PROCEDURE
- 19.Court to which petition shall be presented.
- 20. Contents and verification of petitions.
- 21. Application of Act 5 of 1908.
- 21B. Special provision relating to trial and dispo...
- 21C. Documentary evidence.
- 22. Proceedings to be in camera and may not be pri...
- 23. Decree in proceedings.
- 23A. Relief for respondent in divorce and other pr...
- 23A. Relief for respondent in divorce and other pr...
- 24. Maintenance Pendente lite and expenses proceed...
- 25. Permanent alimony and maintenance.
- 26.Custody of children.
- 27. Disposal of property.
- 28. Appeals from decrees and orders.
- 28A. Enforcement of decrees and orders.
- THE HINDU MARRIAGE ACT (Sections & Subject Heading)
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