Bare Act Search Results

Hindu Marriage Act, 1955 Chapter 4

Title: Nullity of Marriage and Divorce

State: Central

Year: 1955

.....7, for the clause iii) (w.e.f. 27-5-1976). 3. Certain words omitted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 4. The word "or" omitted by Act 44 of 1964, section 2 (w.e.f. 27-5-1976). 5. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 6. Clause (viii) and (ix) omitted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 7. Inserted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 8. Substituted by Act 68 of 1976, section 7, for "two years" (w.e.f. 27-5-1976). 9. Substituted by Act 68 of 1976, section 7 for "bestiality" (w.e.f. 27-5-1976). 10. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 11. 27th May, 1976. Section 13A - Alternate relief in divorce proceedings 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.....

Hindu Marriage Act, 1955 Section 13

Title: Divorce

State: Central

Year: 1955

.....after attaining that age but before attaining the age of eighteen years. Explanation.-This clause applies whether the marriage was solemnized before or after the commencement11of the Marriage Laws (Amendment) Act, 1976 (68 of 1976). _________________________ 1. Substituted by Act 68 of 1976, section 7, for the clause (i) (w.e.f. 27-5-1976). 2. Substituted by Act 68 of 1976, section 7, for the clause iii) (w.e.f. 27-5-1976). 3. Certain words omitted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 4. The word "or" omitted by Act 44 of 1964, section 2 (w.e.f. 27-5-1976). 5. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 6. Clause (viii) and (ix) omitted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 7. Inserted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 8. Substituted by Act 68 of 1976, section 7, for "two years" (w.e.f. 27-5-1976). 9. Substituted by Act 68 of 1976, section 7 for "bestiality" (w.e.f. 27-5-1976). 10. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 11. 27th May, 1976.

Hindu Marriage Act, 1955 Complete Act

State: Central

Year: 1955

.....and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas, or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such.....

Special Marriage Act, 1954 Chapter VI

Title: Nullity of Marriage and Divorce

State: Central

Year: 1954

.....other than the petitioner; or (iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. Section 26 - Legitimacy of children of void and voidable marriages 1[26. Legitimacy of children of.....

Special Marriage Act, 1954 Section 27

Title: Divorce

State: Central

Year: 1954

.....of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.] 9 [(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground-- (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] ________________________ 1. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970,Section 3(w.e.f. 12-8-1970). 2.Substituted by Act 68 of 1976,Section 27, for clauses (a) and (b). 3. Proviso omitted by Act 68 of 1976,Section 27(w.e.f. 27-5-1976). 4.Substituted by Act 68 of 1976,Section 27, for.....

Indian Divorce (Amendment) Act, 2001 Section 5

Title: Substitution of New Section for Section 10

State: Central

Year: 2001

For section 10 of the principal Act, the following section shall be substituted, namely: -- " 10. Grounds for dissolution of marriage. -- (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent -- (i) has committed adultery; or (ii) has ceased to be Christian by conversion to another religion; or (iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or (iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or (v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or (vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent.....

Divorce Act, 1869 Chapter 3

Title: Dissolution of Marriage

State: Central

Year: 1869

..... Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner. Section 13 - Dismissal of petition In case the Court, on the evidence in relation to any such petition, is satisfied that the petitioner's case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or proseculed in collusion wilh either of the respondents, then, and in any of the said cases the Court shall dismiss the petition. 1 [***] ______________________ 1. Last paragraph omitted by Act 51 of 2001, section 8 (w.e.f. 3-10-2001). .....

Divorce Act, 1869 Section 10

Title: Grounds for Dissolution of Marriage

State: Central

Year: 1869

.....of the decree against the respondent; or (ix) has deserted the petitioner for at least two years immediately preced­ing the presentation of the petition; or (x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent. (2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality."]. _____________________ 1. Substituted by Act 51 of 2001, section 5, for section 10 (w.e.f. 3-10-2001). 2. 3rd October, 2001.

Indian Divorce Act, 1869 Complete Act

State: Central

Year: 1869

.....upon certain Courts jurisdiction matters matrimonial; It is hereby enacted as follows :-I-PRELIMINARY SECTION 01: SHORT TITLE, COMMENCEMENT OF ACT This Act may be called the3[***] Divorce Act and shall come into operation on the first day of April, 1869. SECTION 02: EXTENT OF ACT 4 [This Act extends to the whole of India5[except the State of Jammu and Kashmir].] Extent of power to grant relief generally,6[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner7[or respondent] professes the Christian religion. and to make decrees of dissolution, or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.] SECTION 03: INTERPRETATION.....

Special Marriage Act, 1954 Complete Act

State: Central

Year: 1954

.....being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with. SECTION 14: NEW NOTICE WHEN MARRIAGE NOT SOLEMNIZED WITHIN THREE MONTHS Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5-, or where an appeal has been filed under sub-section (2) of section 8-, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10-, within three months from the date of decision of the Central Government the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act. CHAPTER 03 REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS OBJECTS AND REASONS Section 15(e). Proviso.- "In the.....