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ADDITIONAL GROUNDS FOR DIVORCE BY A
WIFE
In
addition to the grounds stated above a wife may also present a petition
for the dissolution of her marriage on the following grounds.
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Where
the marriage was solemnized before the commencement of this Act, and the
husband had married again before such commencement or that any other
wife of the husband whom he had married before such commencement was
alive at the time of the marriage. (In such a case its necessary that
the other wife is alive at the time of presentation of the
petition).
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That
the husband has after the marriage been guilty of rape, sodomy or
bestiality.
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That in a suit under S.18, Hindu Adoption and Maintenance Act, 1956
or in a proceeding under S. 125 Code of Criminal Procedure, 1973,
a decree or order, as the case maybe, has been passed against the
husband awarding maintenance to the wife not withstanding 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.
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That her
marriage whether consummated or not was solemnized before she attained
the age of 15 years and she has repudiated the marriage after attaining
that age but before attaining the age of 18 years.
NO
PETITION FOR DIVORCE CAN BE FILED BY EITHER PARTY UNLESS ONE YEAR HAS
ELAPSED SINCE THE DATE OF MARRIAGE.
DIVORCE BY MUTUAL CONSENT
Where
both the parties mutually agree that they want to divorce a petition may
be presented on the ground that they have been living separately for a
period of one year or more, that they have not been able to live together
and that they have mutually agreed that the marriage should be dissolved.
Thereafter both the parties have to make a motion to the court not
earlier than 6 months and not later than 18 months from the date of
presentation of the petition and the court after hearing the parties and
on being satisfied will pass a decree of divorce.
FILING OF PETITION
Every
petition shall be present to the District Court within the jurisdiction of
which
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The
marriage was solemnized.
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The
other party at the presentation of the petition resides; or
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The
parties to the marriage last resided;
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Where
the petitioner is residing at the time of presentation of the petition
in case the other party is residing outside the territories to which the
Act extends or has not been heard of as being alive for a period of
seven years or more.
WHAT
A PETITION SHOULD CONTAIN
Every
petition presented should contain the following details
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The
facts on which the relief claimed is based.
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That
the petition is not presented in collusion between both the
parties.
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The
statements contained in the petition shall be verified by the petitioner
or some other competent person. | 