What is Section 13 A?

What is Section 13 A?

Section 13A in The Hindu Marriage Act, 1955. 26 [ 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.

Who can file a petition for divorce under Section 13 1 of the Hindu Marriage Act, 1955?

According to Section 13(1)(ii) of the Act, any person who has ceased to be a Hindu by converting to any other religion, after the solemnization of marriage, then the other party to the marriage can file for a suit for divorce under this Act to the appropriate court of law.

What is the section 13 B?

Section 13B 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 13B (1) and six months in Section 13B (2).

Which section of the Hindu Marriage Act, 1955 provides for conditions of marriage?

Section 5
Section 5 of Hindu Marriage Act, 1955 makes a marriage lawful only if the groom has attained the age of 21 years at the time of marriage and bride has attained the age of 18 years at the time of marriage. Section 5 defines various conditions when a marriage is considered valid under the Hindu Marriage Act, 1955.

What is section 11 in marriage Act?

11. Declaration by parties and witnesses. —Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

What are the special grounds of divorce available to the wife only under Hindu Marriage Act 1955?

These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of section 13 of the Act, there are available four ground on which the wife alone can file a divorce petition.

What is section 11 in Marriage Act?

What cases husband can file against wife?

Section 506 of IPC, 1860: Punishment for Criminal Intimidation The husband can file a case against his wife, claiming that she threatens him to hurt himself or his family or property. Yet again, the evidence is the only thing which can uphold his case.

On what grounds husband can file divorce?

The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.

How does section 13 of the Hindu Marriage Act apply?

13 Divorce. (1) Any marriage solemnised, 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—

What are grounds for divorce under Hindu Marriage Act 1955?

The wife has been given special grounds to seek divorce. SECTION 13 (2) (i) – BIGAMY If a husband already has a wife before the commencement of the act and after the commencement of the act he gets married to another woman, either of the two wives may apply for divorce.

What was the presumption of death in Hindu Divorce?

PRESUMPTION OF DEATH- Section 13 (1) (vii) Divorce among Hindus was not recognized until the Hindu marriage Act, 1955. Manu says that a marriage can end only with the death of one of the spouses. Any divorce taken otherwise was not only frowned upon but deeply stigmatized and prejudiced. Divorce was considered as a sin.

What are the grounds for divorce under Section 13?

Courts allow child brides to exercise this right to protect those who may have been coerced into marriage. Section 13 presents various grounds for divorce that are present to the spouse. Additional grounds have been provided to wives to claim divorce.