Jurisdiction of Family Court & Divorce by SMT PVP Lalitha Siva Jyothi, Judge, Family Court, Karimnagar
Jurisdiction of Family Court & Divorce by SMT PVP Lalitha Siva Jyothi, Judge, Family Court, Karimnagar
Jurisdiction of Family Court & Divorce by SMT PVP Lalitha Siva Jyothi, Judge, Family Court, Karimnagar
WEBINAR TOPIC
JURISDICTION OF FAMILY COURT &
DIVORCE
By
Smt. P.V.P.Lalitha Siva Jyothi, B.Sc., M.L.
Judge, Family Court cum
Addl. Dist. & Sessions Judge,
Karimnagar.
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JURISDICTION OF FAMILY COURT &
DIVORCE
Introduction:
In Ancient times, the concept of divorce was not known to anyone.
They considered marriage as a sacred concept. According to Manu, the
husband and wife cannot be separated from each other, their martial tie
cannot be broken. Later the concept of divorce came in the picture and
established as a custom to put the marriage to an end.
mutual consent and should be unapproved marriage. But Manu does not
believe in the concept of the dissolution. According to Manu the only way
to end the marriage is the death of one of the spouses.
The provision related to the concept of divorce was introduced by
the Hindu Marriage Act, 1955. The Hindu Marriage Act defines divorce as
a dissolution of the marriage. For the interest of the society, the marriage
or the marital relationship needs to be surrounded by every safeguard for
the cause specified by law. Divorce is permitted only for a grave reason.
The Family Courts Act 1984 was enacted on 14 September 1984 to
provide for establishment of the family courts with a view to promoting
marriage and family affairs.
disputes enumerated in the explanation to Section 7 (1) of the Act and
also cases relating to Section 125 of Criminal Procedure Code are tried in
the Family Court. This act is aimed at providing speedy and effective
sections of people irrespective of caste, creed or religion.
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The matters which are dealt in the Family Courts in India are
matrimonial reliefs which includes:
(i). Nullity of marriage,
(ii). Restitution of conjugal rights
(iii). Dissolution of marriage,
(iv). Judicial separation,
(v). Declaration as to the validity of marriage,
(vi). Declaration of matrimonial status of any person
property,
These disputes normally arise where a decree of divorce is passed.
This has nothing to do with the general partition of property between the
members of a joint family.
(viii). For injunction arising out of marital relations,
(ix). Declaration as to the legitimacy of any person,
(x). For maintenance,
(xi). Guardianship of a person or custody of any minor.
The Family Court can receive any document or statement even if it
is not admissible under Indian Evidence Act 1872.
conciliation and settlement.
Provisions of the Code of Civil Procedure, 1908 are applied for the
enforcement of the order of the Family Court.
The appeal from family courts lies directly to the Hon’ble High
appeal can be on both question of law and question of fact. No appeal
lies against an order which is passed with the consent of the parties.
Counseling and conciliation are the two pillars on which the whole
structure of family courts is built.
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Territorial Jurisdiction:
territorial jurisdiction of Petitions filed under the Act.
Court to which petition shall be presented: Sec. 19 of HM Act.
Every petition under this Act shall be presented to the district
jurisdiction –
(i) the marriage was solemnized, or
petition, resides, or
(iii) the parties to the marriage last resided together, or
(iiia) in case the wife is the petitioner, where she is residing on
the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of
the petition, in a case where the respondent is, at that time,
residing outside the territories to which this Act extends, or 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 him
if he were alive.
matrimonial petition.
Now, District Court as provided in above provision means Family
Courts. They were established under The Family Courts Act, 1984 with a
disputes relating to marriage and family affairs.
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Section 19 provides 5 options. It enables the parties to file
the Divorce Petitions under any one of them as per their
convenience.
Clause (i) of Section 19 gives the option of filing the Petition where
the marriage was solemnized.
Clause (ii) of Section 19 states that the Petition is to be presented
where the Respondent resides.
Petition is the Petitioner and the other becomes the Respondent. So if a
Husband (Petitioner) files a Divorce Petition, then he would be required
to file it before a Court where the Wife (Respondent) resides.
Clause (iii) of Section 19 provides states that a Petition can be filed
where both the Husband and Wife last resided together.
What does Resides and Last Resided Together mean
ruled that to entertain a Divorce Petition, the residence needs to be a
regarded as permanent or even temporary residence. The occasional stay
in the premises jointly for a day or for a temporary period cannot satisfy
the requirement of the residence.
The correct legal meaning of last resided together too would have
to be considered. There must be intention of both the parties to reside
together at particular place for some length of time, even though the
actual time spent over there might be short. So a couple may go for a
honeymoon to a different state and stay there for few weeks or even a
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month, but that would not come under the definition of last resided
together.
Advantage to the Wife
There is an advantage given to a Wife if she institutes a Divorce
Petition. In case, the Petition is to be filed by the Wife, then Clause (ii) of
Section 19 would not be applicable to her. Clause (iiia) of Section 19
states that in case the Petitioner is the wife, she can file the Petition
where she is presently residing.
Clause (iv) of Section 19 provides an option to a Husband or Wife
to file a Petition against the other in case the other spouse is either
being alive for a period of seven years or more by those persons who
would naturally have heard of him, if he were alive, i.e., his relatives and
friends. This provision is important to safeguard the liberty of a spouse
who has been deserted, under the conditions mentioned above, by the
other and wants to breakfree from the legal bondage of marriage.
volunteers to offer information on a point of law, or some other aspect of
the case to assist the court in deciding a matter before it.
Sec. 13 of the Family Court Act, 1984;
Not with standing anything contained in any law, no party to a suit
or proceeding before a Family Court shall be entitled, as of right to be
represented by a legal practitioner ;
interest of justice, it may seek the assistance of a legal expert as amicus
curiae.
engagement of legal practitioners. In case the Family Court considers it
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Curiae”.
Divorce under Hindu Marriage Act, 1955
divorce from the spouse.
1. Contested divorce under section 13 of the act.
2. Mutual consent Divorce under section 13B of the act.
Section 5 lays down the conditions for a valid marriage under the
Hindu marriage act, 1955. They are
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party;
(a) is incapable of giving a valid consent to it in consequence of
unsoundness of mind; or
from mental disorder of such a kind or to such an extent as to be unfit
for marriage and for procreation of children; or
(c) has been subject to recurrent attacks insanity
(iii) the bridegroom has completed the age of (twenty one years w.e.f.
1101976) and the bride the age of (eighteen years w.e.f. 1101978 ) at
the time of marriage;
(iv) Omitted by Act 2 of 1978
(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 13 of the act provides for grounds under which a spouse
can file for contested divorce in India.
If a person wishes to Divorce his/her spouse, his/her case needs
to fall under any one of these grounds.
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Incompatibility between the couple and/or irretrievable breakdown
of the marriage is not yet a valid ground for filing a contested divorce as
per the Hindu marriage act in India.
At the initial stage of the case, the court will try to dissolve the
dispute between the parties, and will also direct both the parties to
appear before a mediator for an amicable solution to their marital issues.
In case, the mediation sessions are not fruitful and issue between
the parties are not resolved, the court would continue further with the
divorce proceedings.
If an application for maintenance is filed (usually) by the wife, the
court would first decide the application so as to ensure financial security
of the wife during the pendency of the divorce petition.
Subsequently, the court would proceed towards framing of issues
and recording of evidence. After the evidence of both the parties has
been recorded, the divorce lawyers for both the parties would be required
to address their final closing arguments before the court. Subsequent to
which, the court would fix a date on which it shall pronounce its
decision.
either of the parties, the party can file an appeal against order within a
period of (03) months from the date of order.
regarding a valid divorce, i.e., when the spouse can get divorce or appeal
society, the marriage or the marital relationship needs to be surrounded
by every safeguard for the cause specified by law. Divorce is permitted
only for a grave reason otherwise given other alternative.
The Hindu Marriage Act is based on the fault theory in which any
one of the aggrieved spouses (Section 13(1)) can approach the court of
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law and seek the remedy of divorce. Section 13(2) provides the grounds
on which only the wife can approach the court of law and seek the
remedy of divorce.
Grounds of Divorce as per the Hindu Marriage Act
religious order, Presumption of death, non compliance with a decree of
Conjugal Rights.
Adultery
The concept of Adultery may not be considered as an offence in
many countries. But as per the Hindu Marriage Act, in the matrimonial
offence, the adultery is considered as one of the most important ground
intercourse between a married person with another person, married or
unmarried, of the opposite sex. During the period of marriage, if either
lawful wedded companion. Even the intercourse between the husband
and his second wife i.e. if their marriage is considered under bigamy, the
person is liable for the Adultery.
The concept of Adultery was inserted as a ground for divorce under
the Hindu Marriage Act by the Marriage Laws Amendment Act, 1976.
In Swapna Ghose v. Sadanand Ghose
In this case, the wife found her husband with other girl lying on
the same bed and the neighbour also confirmed that the husband has
committed an offence. Here the wife gets the divorce.
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In Sachindranath
Chatterjee vs Smt. Nilima Chatterjee
In this case, the petitioner and the respondent were married. After
marriage, the husband leaves the wife in his home town so that she can
complete her studies and go to another city for work. He visited twice or
thrice a month to meet her. Later he found that his wife commits the
watchman etc. The petitioner approaches the court to demand divorce on
the ground of adultery and his petition was accepted and their marriage
gets dissolved.
Essentials of Adultery
person, married or unmarried, of the opposite sex.
2. Intercourse should be voluntary and consensual.
3. At the time of the act, the marriage was subsisting.
liability of other spouse.
Cruelty
The concept of cruelty includes mental as well as physical cruelty.
The physical cruelty means when one spouse beats or causes any bodily
injury to the other spouse. But the concept of mental cruelty was added
as the spouse can also be mentally tortured by the other spouse. Mental
person. Well it is easy to determine the nature of physical cruelty but
difficult to say about mental cruelty.
What is considered as Mental Cruelty against Husband by wife:
1. Humiliating the husband in front of his family and friends.
consent.
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3. Making false allegation against him.
4. Denial for Martial Physical Relationship without a valid reason.
5. Wife having affair.
6. Wife living an immoral life.
7. The constant demand for money.
8. Aggressive and uncontrollable behaviour of Wife.
9. Illtreatment to the husband parents and family.
It is obligatory on the part of the petitioner/wife to prove that the
apprehension in the mind of the petitioner that it would be harmful and
endangerous for her to live with the respondent/husband, then only she
is entitled to decree of divorce on the ground of cruelty. To constitute
apprehension in the mind of the other spouse that it is unsafe for one
spouse to live with the other.
In Balram Prajapati vs Susheela Bai
In this case, the petitioner filed the divorce petition against his wife
on the ground of mental cruelty. He proved that his wife behaviour with
him and his parents was Aggressive and uncontrollable and many times
she filed the false complaint against her husband. The court accepts the
petition and grants the divorce on the ground of cruelty.
What considered as Mental Cruelty against wife by Husband
1. False accusation of adultery.
2. The demand for dowry.
3. Impotency of Husband.
4. Force to abort the child.
5. The problem of drunkenness of husband.
6. Husband having affairs.
7. The husband lives an immoral life.
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8. Aggressive and uncontrollable behaviour of the husband.
Humiliating the wife in front of family and friends.
AIR 2004 ALL 1 Neelu Kohli Vs. Naveen Kohli.
It is sufficient that if the cruelty is of such type that it becomes
impossible for spouses to live together.
AIR 2007 SC 1426 Maya Devi Vs. Jagadish Prasad.
Cruelty need not be physical. If from the conduct of the spouse it
is established or an inference can be legitimately drawn that the
treatment of the spouse is such that it causes apprehension in the mind
of the other spouse, about his or her marital welfare then the conduct
amounts to cruelty.
Few isolated incidents of long past can not be cruelty and ground
for divorce.
Suman Singh Vs. Sanjay Singh
Few isolated incidents of long past and that too found to have
constitute an act of cruelty within the meaning of Sec. 13 (1) (ia) of Hindu
Marriage Act.
U/sec. 13 of Hindu Marriage Act.
Balveer singh Vs. Harjeet Kaur
lodging false case U/s 498A IPC is cruelty and ground for divorce.
cruelty.
allegations are made in writing and if they are baseless, it may cause
mental pain to other side.
The question of mental cruelty has to be considered in the light of
the norms of the marital ties of the particular society, to which the
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live. Cruelty need not be physical. If from the conduct of the spouse it is
established or an inference can be legitimately drawn that the treatment
of the spouse is such that it causes apprehension in the mind of the
other spouse, about his or her mental welfare than this conduct amounts
to cruelty. Maya Devi Vs. Jagdish Prasad, AIR 2007 SC 1426.
divorce; Sadhana Srivastava Vs. Arvind Kumar Srivastava, AIR 2006
ALL 7.
envisaged under section 13 (1) (ia) of the Act. It is sufficient that if the
together; Neelu Kohli Vs. Naveen Kohli, AIR 2004 ALL 1.
amounted to mental cruelty; Jai Dayal Vs. Shakuntala Devi, AIR 2004
Del 39.
A husband cannot ask his wife that he does not like her company,
but she can or should stay with other members of the family in
matrimonial home. Such an attitude is cruelty in itself on the part of the
husband; Yudhishter Singh Vs. Sarita, AIR 2002 Raj 382.
Removal of mangalsutra by wife at the instance of her husband
does not amount to mental cruelty; S.Hanumantha Rao Vs. S.Ramani,
AIR 1999 SC 1318.
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The act of cruelty is one of the grounds for dissolving a marriage by
Marriage Act is identical with the expression found in Sec. 27 (1) (b) of
the Special Marriage Act which also deals with the grounds of divorce.
Under this act, a petition for divorce may be presented either by the
husband or by the wife on the ground that the respondent has since the
solemnization of the marriage treated the petitioner with cruelty U/sec.
27 (1) (d) of the Act.
Desertion
the other spouse without any reasonable justification and without his
consent. In general, the rejection of the obligations of marriage by one
party.
One of the essential condition for success in a petition for divorce
granted on the ground of desertion is that the deserted spouse should
have been willing to fulfill his or her part of marital duties. Mere
deserendi i.e., an intention to bring cohabitation permanently to an end
should exist.
Essentials
1. Permanent abandonment of the other spouse.
2. Rejection of the obligation of marriage.
3. Without any reasonable justification.
4. Without the consent of another spouse.
Desertion means the desertion of the petitioner by the other party
to the marriage without reasonable cause and without the consent or
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against the wish of such party and includes willful neglect of the
petitioner by the other party to the marriage.
Sec. 13 (1) (ib) of the Hindu Marriage Act requires that a party
claiming divorce on the ground of desertion should prove that he/she
was ready to cohabit throughout the said period of 2 years prior to filing
of the petition for divorce.
Sec. 13(1) (ib) of Hindu Marriage Act 1955 mandates that a spouse
seeking divorce on the ground of desertion has to prove that the opposite
spouse has withdrawn from his or her society with a clear intention of
breaking the marital tie. Two years of prior desertion is a mandate to file
always upon the spouse taking up the plea of desertion.
In Bipin Chander Jaisinghbhai Shah vs Prabhawati
In this case, the respondent leaves the house with an intention to
abandon his wife. Later the wife approaches the court, but the
respondent proved that even though he left the house with an intention
to desert, but he tried to come back and he was prevented from doing so
desertion.
Conversion
religion without the consent of the other spouse, then the other spouse
can approach the court and seek the remedy of divorce.
Illustration
“A”, a Hindu has a wife “B” and two children. One day “A” went to
church and converted to Christianity without the consent of “B”, here “B”
can approach the court and seek for divorce on the ground of conversion.
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In Suresh Babu vs Leela
marries another woman. Here the wife Leela filed a case and demanded
the divorce on the ground of conversion without her consent and cruelty.
The law expects that refinement, reconciliation and settlement is to
be first attempted, without following such procedure, the Family Court
shall not dispose of the suit or proceedings before it either granting the
relief or declining the relief on the entitlement or disentitlement on legal
should be broken in a secular country like India where mixed marriage
subsistence of the marriage, the marital tie need not be broken.
Insanity
Insanity means when the person is of unsound mind. Insanity as a
ground of divorce has the following two requirements
1. The respondent has been incurably of unsound mind.
2. The respondent has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the
respondent.
If a spouse of the petitioner suffers from any unsoundness of mind,
mental illness or disorder that cannot be cured, then the petitioner can
file for divorce.
An analysis of Sec. 13 (1) (iii) of the Act, it consists of two parts.
The first party affords a ground to grant a decree of divorce where the
spouse has been suffering from incurably of unsound mind and second
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party enables the court to grant a decree where either of the spouse has
such a kind of such to an extent that the petitioner can not reasonably
be expected to live with the respondent. When the petitioner/husband
claiming divorce U/sec. 13 (1) (iii) of the Act, the initial onus of proof is
mental disorder of such a kind and to such an extent that he cannot
Therefore, the legal burden is on the petitioner/husband to establish the
requirement U/sec. 13 (1) (iii) of the Act, otherwise he is not entitled to
claim divorce.
In Vinita Saxena vs Pankaj Pandit
2006 (3) SCJ 163
In this case, the petitioner filed a case to get the divorce from the
know this after her marriage. Here, the court grants the divorce on the
ground of insanity of husband.
requirement but it should also be proved that the disorder is such that
the wife can not reasonably be expected to live with the husband.
condition; B.N. Paduranga Shet Vs. S.N. Vijayalaxmi, AIR 2003 Karn
357.
When a person is claiming divorce under section 13 (1) (iii) of the
Hindu Marriage Act, it is for such a person to adduce positive evidence to
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substantiate the allegation that he cannot reasonably be expected to live
with the respondent. Lissy Vs. Jaison 2000 (1) KLT 589;
Leprosy
Leprosy is an infectious disease of the skin, mucous membranes,
another. Thus it is considered as the valid ground for divorce.
In Swarajya Lakshmi vs G. G. Padma Rao
In this case, the husband filed the case for granting the divorce on
incurable leprosy with the expert’s reports. Here he succeeds in getting
the divorce on the ground of leprosy.
Venereal Disease
Under this concept, if the disease is in communicable form and it
can be transmitted to the other spouse, then this can be considered as
the valid ground for divorce. Venereal disease as stated in section 13 (v)
transmitted through sex. In the year 1955, HIV was not heard of and
therefore, that was not named in the Act, as one of the grounds.
If a person was found to be suffering from any venereal disease, in
a communicable form, it will be open to the other partner in the marriage
to seek divorce. The Hindu Marriage Act specifically stated that venereal
disease in a communical form could be a ground for divorce.
Illustration
A and B married on 9 September 2011. Later A suffered from a
venereal disease and it is incurable. There’s also a chance that B can
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also get infected by that disease if she lives with A. Here, B can approach
the court for dissolution of marriage.
Renunciation
The renunciation of the word or entered any religious order. It
means when one of the spouses decide to renunciate the world and walk
on the path of the God, then the other spouse can approach the court
and demand the divorce. In this concept the party who renunciates the
considered as a valid ground for divorce.
Illustration
A and B got married and lives a happy life. One day A decides to
renunciate the world. Here, B has a right to approach the court and seek
the remedy of divorce.
Presumption of Death
In this case, the person is presumed to have died, if the family or
the friends of that person does not hear any news about the person alive
or dead for seven years. It is considered as the valid ground for divorce,
but the burden of proof is on the person who demands the divorce.
Illustration
A was missing from the last seven years and his wife B does not
get any news about him of being alive or dead. Here B can approach the
court and ask for the divorce.
section either party to a marriage, whether solemnized before or after the
dissolution of the marriage by a decree of divorce on the ground :
(i) that there has been no resumption of cohabitation as between
the parties to the marriage for a period of one year or upwards after
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the passing of a decree for judicial separation in a proceeding to which
they were parties; or
rights in a proceeding to which they were parties.
RESTITUTION OF CONJUGAL RIGHTS: Section 9 of H. M. Act 1954
According to the Sec. 9 of the Act, when either the husband
or the wife has, without reasonable excuse, withdrawn from the society of
Restitution of Conjugal Rights and the court, on being satisfied of the
truth of the statements made in such petition and there is no such legal
Restitution of Conjugal Rights accordingly. According to explanation to
Sec. 9 of the Act, the burden is upon the person who has withdrawn from
the society of the other to prove that there is a reasonable excuse for
such withdrawal from the conjugal society.
In a decision reported in Deepa Suyal Vs. Dinesh Chandra Suyal
AIR 1993 ALL 244 wherein it was observed that the burden to prove
drawn from the society and refused to discharge his or her marital
obligations. If the husband or wife refused to discharge their Matrimonial
obligations, they have to lead strong evidence in support of their refusal
to discharge their obligations. The refusal to discharge obligations can
be said to be reasonable or justified only when it is impossible for one of
them to live with the other. Where the question arises whether there has
been reasonable excuse for with drawl from the society, the burden of
proving reasonable excuse shall be on the person who has with drawn
from the society.
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Divorce by Mutual Consent in India Step by Step Procedure
Concept of Divorce with Mutual Consent
As per Section 13B, the person can file the petition for divorce by
mutual consent of both the parties. If the parties want to dissolve their
marriage as a mutual consent are required to wait for one year from date
of marriage. They have to show that they are living separately for one or
more year and not able to live together.
court. Mutual consent means that both the parties agree for peaceful
separation.
Mutual Consent Divorce is a simple way of coming out of the marriage
and dissolve it legally. Important requirement is the mutual consent of
the husband & wife. One important aspect on which Husband & Wife
have to reach to consensus i.e., alimony or maintenance issues. As per
Law there is no minimum or maximum limit of maintenance. It could be
any figure or no figure.
The parties intending to dissolve marriage are required to wait for
at least one year from the date of marriage.
They have to show that they have been living separately for a
period of one year or more before the presentation of the petition for
divorce and that during this period of separation they have not been able
to live together as husband and wife.
In the family court of the city / district where both the partners
lived together for the last time, which was their matrimonial home.
Indian Christian Marriage Act,1872. Muslims are governed by Personnel
laws of Divorce and also the Dissolution of Marriage Act,1939 & The
Parsis are governed by The Parsi Marriage & Divorce Act1936. And there
is also a secular law called Special Marriage Act,1954.
During the cooling period of 6 months when the petition is pending
in the court, any of the partner is fully entitled to withdraw the mutual
consent by filing an application before the court stating that he/she does
not wish to seek divorce by mutual consent. In such circumstances, the
court grants no divorce decree.
provisions of the Section 13 of the Hindu Marriage Act, 1955.
In such a situation divorce can be granted only on certain specified
another person; the other spouse being of unsound mind; conversion of
religion by the other spouse; Leprosy; venereal disease; a spouse having
renounced the world or being missing for a period of more than 7 years.
seven years imprisonment.
If there is proof of the absence of spouse without any information
to the other spouse about his whereabouts for a continuous seven years
period, a petition should be filed in this regard in the court.
decree, after the expiry of three months from the date of decree if no
person.
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It takes from six months to one year from the date of filing of the
petition. It varies from case to case & place to place.
The Hon’ble Supreme Court can its exercise of its extra ordinary
decree for mutual divorce without waiting for the statutory period of
six months, none of the other courts can exercise such powers.
AIR 1995 AP 325 = 1998 (2) ALT 166.
The Division Bench held that the trial court has no power to alter
the statutory time limit enacted in Sec. 13 B (2) of Hindu Marriage Act
procedure prescribing a certain time limit, the court is bound to comply
with the same.
The period mentioned in Section 13B(2) is not mandatory
but directory
months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955
for a motion for passing decree of divorce on the basis of mutual consent
isn't mandatory & can be waived by the Courts depending on the facts &
circumstances of the case.
Justice UU Lalit in an appeal against a judgment of the Delhi HC in Civil
Appeal No. 11158/2017 (Spl. Live Petition No. 21084/2017) in Amardeep
singh Vs Harveen Kaur.
The question which arose for consideration before the top court
was if the minimum period of 6 months stipulated under Section 13B(2)
of the Hindu Marriage Act, 1955 for passing decree of divorce on the
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exceptional situations.
marriage by consent, if the marriage has irretrievably broken down.
perpetuate a purposeless marriage.
mentioned in Section 13B(2) is not mandatory but directory & held the
following:
“we're of the view that where the Court dealing with a matter is satisfied
that a case is made out to waive the statutory period under Section
13B(2), it can do so after considering the following :
separation of parties is already over before the 1st motion itself;
Family Courts Act to reunite the parties have failed & there's absolutely
no likelihood of success in that direction by any further efforts;
including alimony, custody of child, any other pending issues between
the parties;
iv) the waiting period'll only prolong their agony.
Hon’ble Supreme Court concluded that since the period mentioned
in Section 13B(2) isn't mandatory but directory, it'll be open to the Court
to exercise its discretion in the facts & circumstances of each case, where
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there's no possibility of parties resuming cohabitation & there're chances
of alternative rehabilitation.
No petition for Divorce within one year of Marriage. Sec. 14 of HM
Act
As per Section 14 of the Act, no Court will entertain the petition of
divorce within the one year of the marriage. But can be entertained if the
matter is related to bigamy, and where the consent of the spouse was
taken through misrepresentation, fraud, undue influence etc.
Remarriage of Divorced Person: Sec. 15 of HM Act.
As per Section 15 of the Act, after the marriage gets dissolved and
no further petition was filed by any of the spouses against the order of
the court and the time for appeal has expired and at that time it is
assumed that both the spouse are satisfied. Then only the divorced
person can marry again.
Conclusion
The Hindu Marriage Act, 1955 provides various provision regarding
Marriage”. The main three theories related to divorce are Fault Theory,
theory works in the matter of the divorce. Under this theory, marriage
can be ended when one of the spouses is responsible or liable for the
offence under matrimonial offences. The innocent spouse can seek the
remedy of divorce. Under the Hindu Marriage Act, the basic grounds on
which the Hindu women can seek the remedy of divorce are Adultery,
criticize the concept of Divorce.
The provisions of the Family Courts Act, and amended code of Civil
marriage. Resolution of the disputes between the parties to a marriage
on the grounds available under law should be gone into only after the
procedure under the Rules is followed through the counsellors to find out
separation. After the introduction of Family Court Act 1984, the Family
The requirement is mandatory. That is the conceptual change brought
out by the Family Courts Act, which is a special statute.
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