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against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and Cognate expressions shall be construed accordingly. | against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and Cognate expressions shall be construed accordingly. | ||
(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for 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 the passing of a decree for judicial separation in a proceeding to which they were parties; or | |||
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of (one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.) | |||
(2) A wife may also present a petition for the dissolution of her marriage by a decree of | |||
divorce on the ground | divorce on the ground | ||
(i) in the case of any marriage Solemnized before the Commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: | |||
Provided that in either case the other wife is alive at the time of the presentation of the petition; or | Provided that in either case the other wife is alive at the time of the presentation of the petition; or | ||
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or “bestiality; or | |||
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; | |||
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. | |||
'''Explanation''':- This clause applies whether the marriage was solemnized before or after the commencement" of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).) | |||
'''13A. Alternate Relief in Divorce Proceedings'''- In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.) | |||
'''13B. Divorce by mutual consent''' - (1) 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 | |||
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Latest revision as of 07:01, 30 May 2019
against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and Cognate expressions shall be construed accordingly.
(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for 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 the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of (one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.)
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground
(i) in the case of any marriage Solemnized before the Commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or “bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Explanation:- This clause applies whether the marriage was solemnized before or after the commencement" of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).)
13A. Alternate Relief in Divorce Proceedings- In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.)
13B. Divorce by mutual consent - (1) 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
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