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Law and Procedure of Divorce in Hindu Law

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Law and procedure of Divorce in Hindu Law , Mutual Consent Divorce Grounds for Divorce

Law and procedure of Divorce in Hindu Law , Mutual Consent Divorce Grounds for Divorce

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  • 1. LAW AND PROCEDURE OF DIVORCE IN HINDU LAW Rohit Naagpal M.Com, LL.B M/s Kaizen Lex Advisors, LL.P
  • 2. HINDU MARRIAGE ACT , 1955 IS THE ACT THAT GOVERNS ALL HINDUS AROUND THE WORLD  Section 1 of the act make it applicable to all of India expect state of Jammu & Kashmir and applies to all Hindu domiciled in the territories to which the act outside India It is, thus, clear that a condition of a domicile in India, as contemplated in Section 1(2) of H.M.Act, is necessary ingredient to maintain a petition seeking reliefs under the H.M.Act. In other words, a wife, who is domiciled and residing in India when she presents a petition, seeking reliefs under H.M.Act, her petition would be maintainable in the territories of India and in the Court within the local limits of whose ordinary civil jurisdiction she resides.”Therefore, the Act will apply to Hindu outside the territory of India only if such a Hindu is domiciled in the territory of India
  • 3. Voidable Marriage ( Sec. 12) Divorce (Sec. 13 ) SECTION 11, 12 & 13 HINDU MARRIAGE ACT, 1955 Null &Void Marriage ( Sec. 11) Marriage solemnized under H.M. Act, can only be declared Null & Void Voidable Marriage;  or Dissolved Decree Divorce by of
  • 4. DIFFERENCE BETWEEN NULL & VOID AND VOIDABLE MARRIAGE Voidable Null & Void Section 11  Any marriage shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions as envisaged in Sec.5    (i) either of the party has a spouse living at the time of the marriage; iv) the parties are not within the degrees of prohibited relationship; v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two Section 12 Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:(a) that the marriage has not been consummated owing to the impotency of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or (c) that the consent of the petitioner, the consent of such guardian was obtained by force or by 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.
  • 5. SECTION 13 H.M.ACT GROUNDS FOR DIVORCE Adultery Sec.13 (i) Cruelty Section 13 (ia) Divorce Desertion Sec.13 (ib) Conversion Sec. 13(ii)
  • 6. 13-A. Alternate Relief in Divorce Proceedings. In a petition for divorce court may pass a decree for judicial separation.
  • 7. DIVORCE BY MUTUAL CONSENT SEC 13-B H.M.ACT Divorce by Mutual Consent is as the name suggests is when both parties i.e. the husband and wife come to a mutual understanding that the marriage be dissolved amicably:- Only requirment for a mutual consent divorce is that both parties should give a statement that due to their irreconcilable differences, they can no longer stay together as husband and wife and should be granted a divorce and Husband and wife have been living separately for a period of one year or more.
  • 8. HOW DOES IT WORK First Motion • A joint petition signed by both parties is filed in local district court; • In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court. • A mandatory period of 6 months extendable to 18 months is given for reconciliation as a chance to reconsider a decision; Second Motion • After the expiry of period for reconcilement, if both parties still don't agree to live together. Then the parties may appear for the second motion or the final hearing and a Divorce decree may be granted by Hon'ble Court if deem fit.
  • 9. WHERE THE DIVORCE PETITION BE PRESENTED PETITION SHALL BE LIMITS WHOSE ORDINARY OF PRESENTED TO ORIGINAL THE CIVIL DISTRICT COURT WITHIN THE LOCAL JURISDICTION: SECTION 19 H.M ACT
  • 10. PROCEDURE SEC. 21 B Every trail under the act has to be completed • Within 6 months Appeal to be heard • within 3 months
  • 11. DIVORCED PERSONS WHEN MAY MARRY AGAIN SEC. 15 OF H.M. ACT When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired ( 90 days)without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
  • 12. Prepared by Rohit Naagpal M.com , LL.B having vast experience in matrimonial cases and has indepth knowledge of matrimonial laws . He is also a relationship counselor and help couples repair their relationship, if it is going through a rough weather . He can be contacted at 9212786555 (sms him first) or rohitnaagpal@gmail.com ____________________________________________ © Kaizen Lex Advisors , Mumbai , Delhi and Bangalore