Panchayat:Repo18/vol2-page0186: Difference between revisions
('(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud h...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു) |
No edit summary |
||
| (One intermediate revision by one other user not shown) | |||
| Line 1: | Line 1: | ||
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or | (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or | ||
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; | (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; | ||
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied | (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied | ||
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged; | (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; | ||
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and | (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and | ||
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground). 13. Divorce.- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party(i) has, after the Solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or | |||
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground). | |||
'''13. Divorce.'''- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party | |||
(i) has, after the Solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or | |||
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or | (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or | ||
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or | (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or | ||
(ii) has ceased to be a Hindu by conversion to another religion; or | (ii) has ceased to be a Hindu by conversion to another religion; or | ||
reasonably be expected to live with the respondent. | (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. | ||
Explanation:- In this clause, | |||
'''Explanation''':- In this clause, | |||
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; | (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; | ||
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or | (b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or | ||
(iv) has | |||
(iv) has been suffering from a virulent and incurable form of leprosy; or | |||
(vi) has renounced the world by entering any religious order; or (vii) 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 it, had that party been alive; | |||
(v) has been Suffering from venereal disease in a communicable form; or | |||
(vi) has renounced the world by entering any religious order; or (vii) 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 it, had that party been alive; | |||
{{ | |||
'''Explanation''' :- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or | |||
{{Approved}} | |||
Latest revision as of 06:59, 30 May 2019
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground).
13. Divorce.- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
(i) has, after the Solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation:- In this clause,
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been Suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or (vii) 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 it, had that party been alive;
Explanation :- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or
|
This page is Accepted in Panchayath Wiki Project. updated on: 30/ 05/ 2019 by: SujithPT |