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FAMILY LAW - HINDU LAW #19 -- DESERTION -- Grounds of Divorce and Judicial Separation (Video-4)
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely- neither party has a spouse living at the time of the marriage at the time of the marriage, neither party- is incapable of giving a valid consent to it in consequence of unsoundness of mind; or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage; the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein. However, if the petition is not withdrawn during this period, the Court after having been fully satisfied with the averments made in the plaint and after having heard both the parties would grant a decree of divorce. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. The following are the grounds for divorce in India on which a petition can be filed only by the wife. Why is it only for the Hindus? Section B of the Hindu Marriage Act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. The judgment notes that there is no acceptable way in which a spouse can be compelled to resume life with the consort and that situations causing misery should not be allowed to continue indefinitely as law has a responsibility to adequately respond to the needs of the society. Nullity of marriage and divorce[ edit ] Any marriage can be voidable and may be annulled on the following grounds: Sarita, AIR Raj Cruelty in India has a long-lasting history where the cruelty is not only administered by the husband but extends to the first family. Supreme Court ruling in [ edit ] The Supreme Court of India exercised its powers under Article of the Constitution of India and ruled in August that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, A reasonable amount of time, i.
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