The document summarizes the key aspects of marriage and separation under Hindu law in India. It discusses the nature of marriage historically under old Hindu law as a sacred union versus a socio-legal contract. It then outlines the statutory grounds for judicial separation and divorce established by the Hindu Marriage Act 1955, including adultery, cruelty, desertion, conversion, insanity, disease, and presumed death. It concludes by distinguishing between judicial separation, which suspends marital obligations but maintains the marital tie, and divorce, which ends the marriage completely.

1. IN THE NAME OF ALLAH ,
THE MOST BENEFICIENT
&
MERCIFUL
I would like to express my heartfelt to ALLAH and my
beloved parents, teachers, classmates, for their
blessing for the completion of my presentation.
As-salaam-o-alekum

2. TOPIC

3. A-NATURE OF MARRIAGE
(i) UNDER OLD HINDU LAW
(ii) UNDER [H.M.A 1955]
B- SEPARATION
(I) DIVORCE
(II) JUDICIAL SEPARATION
C- STATUARY PROVISION
D- JUDICIAL SEPARATION (S.10 H.M.ACT 19955)
E- ADDITIONAL GROUND TO WIFE
F- EFFECTOF JUDICIAL SEPARATION
G- DIFFERENCE BETWEEN JUDICIAL
SEPARATION AND DIVORCE
CONCLUSION
Synopsis

4. NATURE OF MARRIAGE
--involves transfer of
domination over the damsel
from father to husband ,
--among Hindus a settled
institution with a religious
character
Gopal Krishan v. Mithilesh
kumari (1979)
“sacrament not socio-legal
contract....... It is holy union
as consortium omntun vitoe”
--no longer remains a
sacrament- union for
spiritual purposes
--provision of divorce(s.13)
-- sacramental character has
been flown away
--lack essential requirement
of contract

5. SEPARATION

6. STATUARY PROVISION
Remedy of divorce and judicial separation was unknown to shashtric
Hindu law (old Hindu law)
Hindu Married Women's Right to Separate Maintenance and
Residence Act 1946 gave right to live separate and also claim for
maintenance from her husband.(British period)
Finally judicial separation now incorporated in sec. 10 Hindu
Marriage Act 1956

7. JUDICIAL SEPARATION
Section 10(1).- of the Hindu Marriage Act, 1955,
“Either party to a marriage, whether
solemnized before or after the commencement of this Act, may present a petition praying
for a decree for judicial separation on any of the grounds specified in sub-section (1) of
Section 13, and in the case of a wife also on any of the grounds might have been
presented.”

8. Meaning
when they (husband or wife)are under no obligation to live
together or to perform marital obligation for each other,
then either party has a right to take decree from court on
given ground,
It is temporary suspension of the martial rights.
During judicial separation either party to get maintenance....
But would not acquire the competence to fresh marriage.
Sec. 10 provided that either party may present a petition for
praying a judicial separation on any ground specified in
S 10 clause 1 and in case of wife also on ground specified
in S 10 clause 2.

9. GROUNDS FOR SEPARATION
UNDER SECTION.-13(1)

10. 1) Adultery::
After the solemnization of the marriage, had sexual
intercourse with any person other than his or her spouse.
Bhagwan singh v. Amar kaur (AIR 1902)
Pre-marital intercourse can not be a ground for judicial
separation.
Smt. Pushpa v. Radheshyam (AIR 1972)
The general rule is that the circumstantial evidence should
be a such nature which might appear to a man of
common prudence.

11. 2) Cruelty::
Treated the petitioner with such cruelty as to cause a
reasonable apprehension in the mind of the petitioner
that it will be harmful or injurious for the petitioner to
live with the other party
Trimbak narayan bhagwat v. Kumudini bhagwat
(AIR 1967)
Mental as well as physical included, motive or intention is
not necessary if conduct held to be cruel.

12. 3) Desertion::
Deserted, the petitioner for a continuous period of not less than two
years immediately preceding the presentation of the petition
It is difficult to give comprehensive definition of the term.
(Adhyatma Bhattar Alwar v. Adhyatma Bhattar sri Devi)
The essential ingredient are to be fulfilled...
1- the factum of separation.
2- intention to re-cohabitation permanently to an end(animus
deserendi)
3- above essential element should be continue during entire statuary
period of not less than 2 yr.

13. Continued....
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.

14. 4) Conversion::
Where the party Ceased to be a Hindu by converting to
other religion
conversion to another religion does not ispo facto.
It required to obtain a decree from competent court.
Chandra shekhar v. Kuldan velu (1963 S.C 158)
Marriage solemnised under any other special statute are
not covered by the provision of this section.

15. 5) Insanity::
Where the other party has been of incurable unsound
mind or insanity or mental disorder for a period of not
less than two years.
Mental “disorder” means and include mental illness,
incomplete growth of mind, psychopathic disorder, or
schizophrenia(of lacking thought), short temper, abnormally
aggressive, irresponsible conduct (on part of other party)

16. 6) Leprosy::
Where the other party been suffering from a virulent and
an incurable form of leprosy for a period of not less than
one year.
Annapuramma v. Pedigari Appa Rao (AIR 1962)
The leprosy which is malignant or venomous can be
termed as virulent. Lepromatous leprosy is virulent and
incurable.

17. 7) Venereal Disease::
Immediately before the presentation of the petition, party
has been suffering from venereal disease in a
communicable form, the disease not having been
contracted from the petitioner.
English Venereal Disease Act 1917
Provided venereal disease are syphilis, gonorrhoea, soft
chancre etc. Venereal disease are such which are
communicated by sexual intercourse.(STD’s)

18. 8) Renunciation::
Renunciation of the world: Renounced the world
by entering any religious order.
Shitaldas v. Sitaram (AIR 1954 S.C.)
It is necessary that all the requirement ceremonies
for entering the religious sect (sanyasi)are proved
satisfactorily.
Wearing such clothes [colour, style]or hair
style[sheving] or living[pattern , standard] or any
other external symbols of sanyasi are not enough.

19. 9) PRESUMED DEATH::
Not being heard for seven years:
Not been heard of as being alive for a period of
seven years

21. i) BIAGAMY::
When husband married again before the death of wife or
before divorce or decree of judicial separation

22. II)RAPE,SODOMY,BESTIAlITY
If husband has since the solemnization of marriage,
been guilty of rape, or sodomy, or bestiality

23. III)NONRESUMPTIONOFCOHABTIONAFTER
ADECREEOFMAINTENANCE
When case under S.18 of Adoption and Maintenance Act
in proceeding under S. 125 of Code of Criminal
Procedure 1973, has been passed against husband
awarding maintenance to wife and cohabitation
between parties has not been resumed for a period of
one year or upward

24. IV) OPTION OF PUBERTY
That her marriage was solemnized before she attained
the age of 15 years and repudiate the marriage after
attained the age of 15 year but before the age of 18 year

25. DIFFERENCE BETWEEN
JUDICIAL SEPARATION AND DIVORCE
 S.13 - of the H.M. Act lays down grounds of divorce
 S. 13(A)- says that if the Court considers, it may pass a
decree for Judicial separation instead of Divorce . Section
13 B also provides the circumstances when decree of
divorce by mutual consent can be passed .
 section 10 provides the same grounds of divorce and
of Judicial separation .
 There is only material difference in between Divorce
and Judicial Separation .
Means that in case of judicial separation the nuptial tie
remains intact; it is suspended during the course of judicial
separation. But in case of divorce under section 13 of the
Act, the marriage ends completely.

26. POINTS OF DISTINCTIONS
DIVORCE JUDICIAL SEPARATION
1-Marital tie comes to an end by divorce
2-mutual rights and obligations of husband
and wife ceases to continue .
3- The wife is only entitled to the
maintenance and alimony under section 25
and custody , maintenance and education of
the children under section 26 of the Hindu
Marriage Act .
4- Divorce gives the right to the parties to
remarry .
5-After divorce , the former husband’s
intercourse with his former wife , without
her consent , is a punishable offence under
section 376 of I.P.C .
1- does not put the marital tie to an end .
2- rights and obligations of husband and
wife remain suspended only
3- the parties continue to remain as husband
and wife
4-does not give the parties the right to
remarry because the marital tie continues .
5- if the cohabitation does not take place for
a period of one year or upwards , either
parties may seek for divorce under s.13
(1A)(i )
So , cohabitation is expected for

28. ::CONCLUSION::
 In India, as per old Hindu law ,culture, tradition, customs
and practices, marriage are considered to be made in heaven.
Therefore marriages in India are considered to be the highest
form of social relationship. It gives the person who is to live
with us for whole life, to share our good and bad times, give
us support any time we need and helps in developing our
family. We need to respect not only the person but the
institution of marriage as well.
But after certain statute and judicial pronouncement old
scenario has been totally changed. After 1956, provision of
divorced laid down in Hindu Marriage Act and thus the
nature of marriage in Hindu law has changed. It provide
certain basic right to wife over the husband.

29. BIBLIOGRAPHY
1. Hindu Law – R.K. AGARWAL
24th edition (2014)
ALLAHABAD LAW AGENCY
ALLAHABAD (INDIA)
2. Modern Hindu Law– Dr. U.P.D. KESARI
9th edition (2013)
ALLAHABAD LAW
PUBLICATION
ALLAHABAD (INDIA
www.indianqanoon.com
www.lawteacher.net
www.legalindia.com

31. PRESENTED BY
BADRUZ ZAMAN
Vth Semester
13BALLB-26
FA7039
SUBMITTED TO,
MS. HINA KAUSAR
ASSISTANT PROFESSOR
A.M.U. CENTRE MURSHDABAD
(faculty of law)