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Exclusive Grounds for Divorce available to Hindu Wife (Section 13 (2))

Tuesday, June 20, 2017

(I) Remarriage: The wife has a right to seek dissolution of her marriage, provided the other wife alive at the time of presentation of the petition. In Mandu Naganna V. Lachmi Bai ( AIR 1963 AP 82 ) it was held that the crucial date is the date of presentation of the petition and not of the passing of the decree.


(ii) Husband Guilty of Rape, Sodomy or Bestiality: Section 13 (2)(ii) enable the wife to obtain divorce where the husband has since the solemnization of marriage been guilty or rape, sodomy or bestiality. It is not necessary that the husband should have been convicted of any of these offences in criminal proceedings. Attempt to commit these offences, is no ground for divorce.


(iii) Non-Resumption of Cohabitation: Where a wife obtains a decree or order for maintenance, either under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 CrPC, and if cobabitation between the parties has not been resumed for one years or more after the decree, the wife can avail of this ground for obtaining divorce notwithstanding the fact that she was living apart.


(IV) Repudiation of Marriage: Where a marriage was solemnised before the woman attained the age 15 years and she repudiates the marriages after attaining the of 18 years, she can apply for divorce whether the marriage has been consummated or not.

 

Divorce By Mutual Consent ( Section 13B)
Essentials of Section 13B are:
(I) That both the parties have been living separately for a period of one year or more:
(ii) That both the parties have not been able to live together;
(iii) That both the parties have mutually agreed that their marriage should be dissolved.

 

 

 

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