Under section b 1, a divorce petition can be moved by a couple following a judicial separation of one year. Sc cuts down waiting period for divorce under hindu law by six. Petition for divorce under section b hindu marriage act. How to file a divorce petition under section b of the. The court agreed with these arguments and held that, in effect, the decree compelled an unwilling wife to have sexual intercourse with her husband, thereby violating her bodily autonomy.
Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in india of marriage of persons professing the christian religion was guided by two british acts, 14 and 15 vict. Section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. My lord, is the statutory period of six months prescribed under section b 2 of the hindu marriage act, 1955 for a motion for passing decree of divorce on the basis of mutual consent mandatory or directory and if directory, can the same be dispensed with, exercising the power under article 142. Petition for divorce under section b hindu marriage act 1955. But the answer shall again be the same as even after the introduction of section b in the hindu marriage act the position of the compromise shall be the same. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. In view of specific provisions of section and b of hindu marriage act, the vexed question is whether decree of divorce can be passed secured by admitting the contents of divorce petition under order.
Marriage act by way of amendment in the shape of section b of hindu. Is this the right draft for mutual consent divorce petition. Mar 07, 2017 divorce by mutual consent is under section b of hindu marriage act. An act to amend and codify the law relating to marriage among hindus. Hindu marriage act, 1955 has reformed hindu law of marriage. After section b of the hindu marriage act, the following sections shall be inserted, namely. Also download hindu marriage act 1955 text book pdf. Sep 12, 2017 six months waiting period in section b 2 of hindu marriage act for divorce by mutual consent not mandatory.
Section 1ib of the hindu marriage act, provides that a decree of divorce may be granted on the ground that the other party has deserted the petitioner for continuous period of not less than 2 years immediately preceding the presentation of the petition. Sep 12, 2017 section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Thus these grounds are lawfully valid grounds for divorce and if such circumstances arise, then, unfortunately, divorce is bound to take place. Download beautiful pdf for hindu marriage act it is colourful, with section links and looks just like this written post. Petition for divorce by mutual consent law for women. Divorce means the dissolution of marriage by a competent court. Mutual divorce petition draft should be accompanied by affidavit of both the parties. Hindu marriage act, 1955 with pdf download updated 2019. That, the prescribed court fee has already been affixed on the petition your petitioners hence pray for a decree of dissolution of marriage by mutual consent under section b of the hindu marriage act 1955 and also and other orders be made as to this learned court may deem proper and fit.
Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Stey by step procedure to file for a mutual divorce information news. Section 27, hindu marriage act deals only with the property presented at or about the time of marriage and which belongs to the parties jointly. Alternate relief in divorce proceedings is under section a of the hindu marriage act 1955. And your petitioners as in duty bound shall ever pray, verification. Six months cooling off period under section b2 of hindu. It is a landmark in the history of social legislation. It has never been intended to produce a substitute to the virginal family, but merely to mollify hardships where, for special reasons. If parties want to covert then court may convert into section b. Kunwarbir singh lohat introduction divorce as an establishment has been allowed in most countries for certain causes. Short title and extent 1 this act may be called the hindu marriage act, 1955. Divorce by mutual consent chandigarh judicial academy. Study material hindu marriage act delhi law academy.
Is this the right draft for mutual consent divorce. Joint petition under section b, of the hindu marriage act, 1955. List the matter on 23rd august, 2017 to consider the question whether provision of section b of the hindu marriage, act, 1955 laying down cooling off period of six months is a mandatory requirement or it is open to the family court to waive the same having regard to the interest of justice in an individual case. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent. As would be evident from the legislative intent of s. The court thereby struck down section 9 of the hindu marriage act, declaring it to be violative of article 14 and article 21 of the constitution. Hindu marriage act, 1955 bare acts law library advocatekhoj. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, on the ground that they have been living separately for a period of one year or more. The hindu marriage act is an act of the parliament of india enacted in 1955. Marriage is no more unbreakable rope even for the regenerate caste.
Mar 19, 2015 divorce by mutual consent is addressed under s. No petition for divorce to be presented within one year of marriage. Section b2 in the hindu marriage act, 1955 indian kanoon. Explaining mutual divorce b procedure hindi mayur faria. Mutual consent means that both the parties agree for peaceful separation. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and seek the remedy of divorce. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. The grounds of divorce under the hindu marriage act had been stated under section of the said act. Divorce by mutual consent in india divorce lawyers in india. Your petitioners hence pray for a decree of dissolution of marriage by mutual consent under section b of the hindu marriage act 1955 and also and other orders be made as to this learned court may deem proper and fit. The hindu marriage act abandoned the shastric position. Section b of the hindu marriage act iii the last word. Section b in the hindu marriage act, 1955 indian kanoon.
What are the grounds of divorce under the hindu marriage act. In india divorce for hindus under the hindu marriage act, 1955 can be enforced in two waysone is through mutual consent section b of the act. Making divorce by mutual consent easier, the supreme court ruled on tuesday that family courts were free to waive the statutory sixmonth period under the hindu marriage act for considering divorce applications in cases where the parties were living separately for more than 18 months before filing the petition, efforts to reconcile differences. Sample of mutual consent divorce petition simranjeet law. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage.
The marriage laws amendment act, 1976 siff for mens. The updating and uploading of rules, regulations, notifications, etc. The supreme court today held that minimum period of six months stipulated under section b 2 of the hindu marriage act, 1955 act for a motion for passing decree of divorce on the basis of mutual consent is not mandatory and can be waived by courts depending on the facts and circumstances of the case. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, on the. Supreme court sanctions divorce to couple without six. Ii2006dmc410 by additional district judge who declined to modify and rectify the order dated 1. Hindu marriage act 1955 section citation 8817 bare act. Section 3 of prohibition of child marriage act, 2006 provides as under. Six months waiting period in section b2 of hindu marriage. Hindu marriage act 1955 1955 section b page 2 judgments. In this we have given some important books on hindu marriage act 1955 text book.
Hindu marriage act 1955 pdf book is free and available for everyone to download as a pdf. Oct 30, 2019 petition under section b of the hindu marriage act, 1955 with a prayer to dissolve the marriage between the parties to petition by way of mutual consent in view of the averments made in the petition in the interest of justice. Bombay hc tells family courts mere filing of the petition under section b of the hindu marriage act, 1955 is no good, said the bench while. Six months waiting period in section b 2 of hindu marriage act for divorce by mutual consent not mandatory. Delhi hc issues guidelines for recording undertaking in divorce by mutual. Hindu marriage act 1955 section citation 8817 bare. Section b of the hindu marriage act, 1955 deals with divorce by mutual consent. Divorce by mutual consent in india step by step procedure. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws. May 27, 2019 section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. Under section b of the hindu marriage act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court.
Mutual divorce petition draft legal helpline india. Court has power to convert divorce case filed under section of the hindu marriage act into mutual consent divorce case. Six months waiting period section b 2 of hindu marriage act. Three other important acts were also enacted as part of the hindu code bills during this time. The question which came up for consideration before the honble supreme court was whether exercise of power under article 142 of the constitution to waive the period under section b 2 of the hindu marriage act was mandatory or directory. If the necessary conditions as given under section and b exist, every hindu is entitled to the dissolution of his or her marriage. Sep 12, 2017 the supreme court today held that minimum period of six months stipulated under section b 2 of the hindu marriage act, 1955 act for a motion for passing decree of divorce on the basis of mutual consent is not mandatory and can be waived by courts depending on the facts and circumstances of the case. Section b of the hindu marriage act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation one year provided in section b. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. Dec 28, 2008 section 21a, hindu marriage act and s. She cannot do so under section 11 or 17 or any other provision of the act.
Divorce by mutual consent was introduced as an amendment to the hindu marriage act in 1976. Section b of the hindu marriage act, 1955 enumerates the law pertaining to divorce by mutual consent. A child marriage is valid under the hindu marriage act. The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable. Alternate relief and divorce by mutual consent of husband and wife. Nullity of marriage and divorce void marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the. How to file a divorce petition under section b of the hindu marriage act, 1955 author. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent.
The marriage laws amendment act, 1976 siff for mens rights. Sc cuts down waiting period for divorce under hindu law by. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The conditions required under section b of the hindu marriage act are as follows. Joint photographs of parties at the time of marriage is also to be filed alongwith the mutual divorce petition draft. Second, section of the hindu marriage act, enabling the court to grant divorce on the grounds stated therein, was based on the fault theory.
Divorce by mutual consent is under section b of hindu marriage act. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the word and figure section 5, the words, figures and letter or in cases where the petition is presented under section c shall be inserted. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Sep 12, 2017 the 1955 hindu marriage act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent. Six months waiting period section b 2 of hindu marriage act for divorce by mutual consent not mandatory. It depends upon the pleading and application of the parties. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. Proof of residence of both the parties should also be filed alongwith the mutual divorce petition draft. Settlement of hindu divorce petition by compromise uttarakhand. The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be. Restitution of conjugal rights and judicial separation.