fbpx
Home | Advice | Divorce Cases | Divorce under Hindu marriage act

Divorce under Hindu marriage act

By Shivendra Pratap Singh

How many ways a Hindu marriage could be dissolved?

The divorce came into force with the codification of The Hindu Marriage Act 1955 (HMA). First time recognized divorce under the Hindu marriage act. Before 1955 divorce was not recognized in Hindu law except by some custom prevalent in the certain class recognized it.

Divorce is the last step of matrimonial causes. Because divorce puts the marriage to an end. Parties revert to their unmarried status and they are once again free to solemnize a marriage.

Hindu Marriage Act originally based divorce on the guilt or fault theory of divorce and section 13 of the said act provides 9 ground of divorce which is based on this theory.

Initiation of legal action in respect of marriage is called matrimonial causes. HMA recognized following four matrimonial causes :

  • Restitution of conjugal rights 
  • Dissolution of marriage  
  • Nullity of marriage 
  • Judicial separation. 

Other useful advice

Extra-marital affair: a ground of divorce

My wife has an extra-marital affair with her ex-boyfriend. I knew about her extramarital relation when I saw some intimate photographs on her mobile phone. I have collected all those photos as evidence to prove her illegal relation.  She accepted the sexual relation...

Filing mutual consent divorce in Kolkata

I live abroad but now due to lockdown, I am with my husband in Kolkata. Due to a lack of compatibility, I want to get a divorce from him. We were married in Feb 2018. How can I initiate a mutual divorce and is there any online procedure? Question from: West Bengal You...

Kanoonirai established in 2014, provides legal assistence through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54