Title : Judicial Separation
State : Central
Year : 1955
1[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. _________________________ 1. Substituted..... View Complete Act List Judgments citing this sectionTitle : Nullity of Marriage and Divorce
State : Central
Year : 1955
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto1[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. _________________________ 1. Inserted by Act 68 of 1976, section 5 (w.e.f. 27-5-1976) Section 12 - Voidable marriages (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- 1[(a) that the marriage has not been consummated owing to the impotence of the respondent; or] (b) that the marriage is in contravention of the condition specified in clause (ii)..... View Complete Act List Judgments citing this sectionTitle : Void Marriages
State : Central
Year : 1955
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto1[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. _________________________ 1. Inserted by Act 68 of 1976, section 5 (w.e.f. 27-5-1976) View Complete Act List Judgments citing this sectionTitle : Voidable Marriages
State : Central
Year : 1955
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- 1[(a) that the marriage has not been consummated owing to the impotence of the respondent; or] (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is2[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, the 1978 (2 of 1978)], the consent of such guardian was obtained by force3[or by fraud as to the nature of the ceremony or as to any material fact or circumstance..... View Complete Act List Judgments citing this sectionTitle : Divorce
State : Central
Year : 1955
(1) Any marriage solemnized, 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- 1[(i) has, after the solemnization of the marriage, had voluntary sexual inter-course with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or 2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a..... View Complete Act List Judgments citing this sectionTitle : Alternate Relief in Divorce Proceedings
State : Central
Year : 1955
1[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 (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. ___________________________ 1. Inserted by Act 68 of 1976, section 8 (w.e.f. 27-5-1976) View Complete Act List Judgments citing this sectionTitle : Divorce by Mutual Consent
State : Central
Year : 1955
1[13B. Divorce by mutual consent (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement2of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), 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. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not..... View Complete Act List Judgments citing this sectionTitle : No Petition for Divorce to Be Presented Within One Year of Marriage
State : Central
Year : 1955
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1 [unless at the date of the presentation of the petition one years has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 2 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any..... View Complete Act List Judgments citing this sectionTitle : Divorced Persons when May Marry Again
State : Central
Year : 1955
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. 1[* * *] _________________________ 1. Proviso omitted by Act 68 of 1976, section 10 (w.e.f. 27-5-1976). View Complete Act List Judgments citing this sectionTitle : Legitimacy of Children of Void and Voidable Marriages
State : Central
Year : 1955
1[16. Legitimacy of children of void and voidable marriages (1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement2of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. (2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the..... View Complete Act List Judgments citing this section