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Under the Hindu Marriage Act, if one spouse has a reasonable apprehension that the other is likely to cause any harm to be it physical or mental, it can be considered a ground for a divorce. Desertion; If one spouse deserts the other without reasonable cause, a divorce can be … 2020-08-19 The Hindu marriage is governed by, ‘The Hindu Marriage Act', which came into existence on 18 May 1955. Basic Provisions of Hindu Marriage Act The provision under the Act is that it applies to any person who is Hindu by religion and it is also applicable to Buddhists, Jains, and Sikhsas well as and the person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law. any law under this act has expressly been made regarding that custom, any custom which is inconsistence with the provisions of this act. For eg: Polygamy & Bigamy. Conditions of a Valid Hindu Marriage; Between two Hindus, no living spouse of either party at the time of marriage. Section 2 of the Hindu Marriage Act, 1955 states that the provisions of the act are applicable to anyone who is Hindu, Jain, Sikh, or Buddhist by religion, by conversion or by birth.

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23 Decree in proceedings . (1) In any proceeding under this Act, whether defended or not, if the court is satisfied that . (a) any of the grounds for granting relief exists and the petitioner 47 [except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or The Hindu Marriage Act, 1955, is the law enacted to manage the Hindu marriage, divorce and other marriage related issues. It also helps in regulating the marriage institution, which includes the validity of the marriage and conditions for invalidity. The Hindu Marriage Act guides Hindus to be in a systematic marriage bond. If a wife has obtained an order of maintenance in proceedings under Section 125, Cr.P.C., 1973 or a decree under Section 18, Hindu Adoption & Maintenance Act, 1956 & cohabitation has not been resumed between parties after one year or upwards, then this is a valid ground for suing for divorce.

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The wives were the silent victims of such a rigid system. Hindu Marriage Act, 1955 has laid down few necessary conditions for a valid Hindu Marriage. This is given under section 5 of the Act. In Lila Gupta vs Laxmi Narain & Ors [AIR 1978 SC 1351], the apex court held that all conditions under section 5 of the Act are not mandatory.

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The act abolished collusion as a bar to the petitions for a declaration that a marriage is null and void under the Hindu Marriage Act but not in Special Marriage Act; 7. Improper and unnecessary delay: Section 27 of The Special Marriage Act, 1954 provides the grounds for grant of divorce in the case of marriages solemnised under that Act. Mental cruelty as ground for divorce. When it was first passed, the Hindu Marriage Act did not have ‘cruelty’ as a ground for divorce. to be governed so far as his first marriage under the Act is concerned. • The second marriage of an apostate would, therefore, be illegal marriage qua his wife who married him under the Act and continues to be Hindu. • Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. • The second Marriage 2014 THE MARRIAGE ACT, 2014 AN ACT of Parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes ENACTED by the Parliament of Kenya as follows —PART I—PRELIMINARY Short title. 1.

Alternative dispute resolution systems are not only cost and time effective; they preserve the relationship between the parties by encouraging communication and collaboration.
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According to Section 2 of the Hindu Marriage Act 1955, all those persons who are Hindu, Jain, Buddha, or Sikh by religion and those who converts and reconverts to Hinduism including (Buddhists, Jains, Sikhs) comes under the Hindu Marriage Act, 1955 and they all are eligible to register marriage under this act. In my viewpoint, Hindus consider marriage to be a sacred bond. Prior to the Hindu Marriage Act of 1955, there was no provision for divorce. The concept of getting divorced was too radical for the Indian society then.

Mrs. Shaily Mishra Mittal AIR 2017, clarified that second Marriage would not be void if solemnized during the pendency of the appeal. Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance. 2. Permanent Maintenance: Permanent maintenance is paid by one party to the other in case of divorce, and the amount is determined through a maintenance petition filed before the competent Court.
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Alternative Dispute Resolution (hereinafter referred to as “ADR”) is a term for describing process of resolving civil disputes in place of litigation and includes arbitration, mediation, conciliation, expert determination and early neutral evaluation by a third person.[1] As the name suggest, it simply refers to an alternate way to settle conflicts which a person or corporate entity might encounter. With the arrival of the alternate dispute resolution (ADR), there is a different approach for the people to resolve their matrimonial and family disputes. The resolution of disputes via any ADR has gained popularity among the public in a very short period of time.