Friday, May 4, 2012

Hindu Marriage&Judicial Remedies

Hindu Marriage&Judicial Remedies :

  • According to Hindu Philosophy the marriage is holy and permanent union 
  • There is no provision of divorce in ancient Hindu law as marriage is regarded as scared union because it performed by chanting holy mantras.
  • After codification of Hindu Law, the ancient Hindu Law assumed secular character ,more over the elements of contractual obligations were added in the concept of Hindu marriage,which is otherwise scared union. 
Judicial Remedies includes:
  1. Restitution of conjugal rights
  2. Judicial separation 
  3. Divorce
  4. Maintenance  /permanent alimony

According section 13 of Hindu Marriage Act ,1955 grounds for divorce includes:
  1. Adultery
  2. Cruelty
  3. Desertion
  4. Conversion
  5. Insanity
  6. Leprosy
  7. Venereal disease
  8. Renouncing the world
  9. Unheard for seven years or more
Special grounds for wife :
  1. Bigamy
  2. Rape,sodomy&bestiality
  3. Maintenance decreed to wife -husband not paying the same -ground for divorce,non resumption despite restitution of conjugal rights or judicial separation.
  4. Repudiation of marriage by wife.
  • Break down theory
  • Mutual  consent divorce

References :
Hindu Marriage Act ,1955.

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