Divorce of Marriage under Hindu Marriage Act 1955

     

     Divorce of Marriage Act 1955 under the Hindu Marriage Act states that a Hindu husband or wife can legally divorce his wife/husband. For this he has to follow the law mentioned below...

An Application can be filed :

1. Where the marriage took place.
2. Place where the respondent resides at the time of filing the application.
3. Where the couple last lived together.
4. Place where applicant's wife last resided.
5. If the respondent resides at a place which is outside the territorial limits as far as the Act extends or has not been heard to be alive for 7 years, the petitioner can file the petition based on where he or she is currently located. Living.

Section 20 deals with content and verification of application.

Section 20 sub-section 1 states that every petition for divorce presented under the Hindu Marriage Act, 1955 is examined separately depending on the nature of the case and the facts on which the claim for relief is determined.

Section 20 sub-section 2 states that the statement contained in every application under this Act shall be verified by the applicant or any other competent person in the manner prescribed by law for the verification of complaints and may also be used during the hearing. as evidence.

Section 21A states that:

Clause (a) sub-section 1 of Section 21A states that where,

• (a) a petition under this Act has been presented in a District Court having jurisdiction by a party to the marriage desiring a decree of judicial divorce under section 10 or for a decree of divorce under section 13; And

• (b) a second application under this Act at the time presented by the other party to the marriage praying for a decree of judicial divorce under section 10 or for a decree of divorce under section 13 on any ground, even if the same. In a District Court or an alternate or separate District Court, in the same State or in an alternate or separate State, Applications shall be dealt with as mentioned in sub-section (2). 

Sub-section 2, states, for a situation where sub-section (1) applies,

• (a) if the applications are presented to the same District Court, both the applications shall be tried and heard together by that District Court;

• (b) If the petitions are presented in several other different District Courts, the petition which is presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard together by the District Court and disposed of. . In which the previous request was presented. 

Sub-section 3, states that, for a situation where proviso (b) of sub-section (2) applies, the Court or the Government, under the Code of Civil Procedure, 1908 (5 of 1908) and by and large is competent. To move any suit or proceeding from a District Court in which a later appeal has been presented to the District Court in which the earlier request is pending, he shall exercise his right to move the latter application, provided that he is enabled to do so as follows code.

Section 21B states that the application shall be heard first in the interest of justice and shall be heard on a daily basis until the case is concluded. All the necessary reasons for filing the divorce petition should be recorded daily. This is stated in Section 21B(1). Secondly, an attempt should be made to conclude the cases within a period of 6 months. Therefore cases should be disposed of expeditiously as mentioned under Section 21B(2). Thirdly, Section 21B(3) provides that every appeal under the Act should be disposed of as expeditiously as possible and endeavor to conclude it within 3 months from the date on which the notice of appeal was served on the party.

Section 21C states that no document in this regard shall be valid if it is not duly stamped or registered. So Section 21C deals with documentary evidence.

Section 22 under this Act states that all proceedings under this Act shall be conducted in camera, and it shall be unlawful for anyone to print or publish

the same. However, if any act is contrary to the given provision, he or she shall also be punishable with fine which may extend to one thousand rupees. The term “in camera proceeding” in this section means that all proceedings shall take place only in the presence of the Judge, the respective advocates of the two parties and the two parties ie the petitioner and the respondent. Thus it is not an open court where anyone can be sanctioned.

Section 23 of the Hindu Marriage Act, 1955, provides bar to matrimonial relief. It explains the conditions under which the court will not grant matrimonial relief.

The conditions under sub-section 1 of section 23 are as follows:

1. Clause (a) of sub-section of Article 23 states that the applicant is required to show that he is not taking undue advantage of himself.

For example, if the petitioner is constantly torturing the respondent, and the respondent has also shown an act of cruelty against the petitioner, the petition cannot seek relief on the ground of cruelty committed by the respondent because it was the petitioner who initiated the act. Torturing and torturing the defendant.

So in this context, the Court has upheld the principle of equity that one who comes for equity should come with clean hands.

2. Clause (b) of sub-section 1 of Article 23 states that a petition filed on the ground of adultery is not in any way complicit in or instrumental in condoning the acts complained of. Thus “accomplice” in this context means aiding or abetting or actively participating in the offense complained of. Court will not grant any relief if this ground of partnership is established by the petitioner.

Similarly 'friendship' implies a voluntary consent to a matrimonial offence. Therefore no relief can be granted by the court if one of the spouses voluntarily, intentionally or recklessly condones the matrimonial offence. Finally, forgiveness means forgiveness. Thus, if the spouse who is the victim of matrimonial offense is reinstated,

3. Clause (bb) of sub-section 1 of Article 23 if the divorce is granted by mutual consent and that consent is not obtained by any fraud, force or undue influence, such relationship shall also be barred in any way. of relief.

4. Clause (c) of sub-section 1 of Article 23 deals with collusion. Thus he held that if two parties to a matrimonial relationship consent to divorce but cheat the court to obtain relief, relief will not be given in such circumstances.

5. Clause (d) of sub-section 1 of Article 23 states that relief is also granted if there is unreasonable or undue delay in entering a decree for divorce or judicial separation:

According to Article 23(2), it is the duty of the Court to examine the nature and circumstances of the case and make every possible effort to bring about a settlement between the parties. If the court thinks fit and if the parties so desire, the court may adjourn the proceedings for a reasonable period of 15 days and refer the matter to any person named by the parties or, if the parties fail, to a person selected by the court. naming them with directions to report to court. This was stated under sub-section 3 of section 23 of the Hindu Marriage Act, 1955.

Section 23 sub-section 4 states that if the marriage is dissolved by a decree of divorce, a copy of the decree passed by the court shall be given to both the parties free of charge.