The difference between the present act and the hindu marriage act arises primarily due to the fact that the hindu act requires the person affected with leprosy to be both a incurable and b virulent. A petition for divorce can be filed only if the parties have completed one year in the marriage. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. This petition is being filed within one year of the date of the marriage. The divorce petition is the formal application before the honorable court informing the court of the desire to end the marriage and the initiation of the divorce process. An act to amend and codify the law relating to marriage among hindus. The dissolution of marriage and judicial separation under the indian divorce act, 1869, allows a christian wife to file petition for a divorce either in high court or district court on the grounds o that her husband has exchanged his profession of christianity and gone through a form of marriage with another woman. The divorce forms usually include the name of the applicant or petitioner applying for the divorce and the name of the respondent, i. Mutual divorce petition draft legal helpline india. Divorce structure of the hindu marriage act, 1955 and special. Free india mutual divorce petition form pdf form download. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared.
However under the sma, it seems there no special qualification for leprosy any type of leprosy will be a ground for divorce or judicial separation. Petition by wife for judicial separation on the ground of her husbands adultry. Divorce by mutual consent is under section b of hindu marriage act. The 1955 hindu marriage act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent. Divorce under hindu marriage act areas of law law library. May 11, 2019 mutual consent divorce petition or fiing a divorce petition or in india is quite easy. No marital intercourse has taken place between the parties since the discovery by the petitioner that the respondent was pregnant. A petition for judicial separation can be filed at any time after marriage. Desertion is a matter of inference to be drawn from the facts and. Divorce papers, divorce process and procedure, divorce documents, divorce form and divorce lawyer all have been discussed in this article. Here we have also given some reference books and related books pdf. We have also provided the mutual consent divorce petition draft format at our website. Stey by step procedure to file for a mutual divorce.
Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. How to file and draft a divorce petition in india enterslice. What the section provides for is that the party needs to have deserted the. Where one was initially a hindu upon conversion to islam, files a suit claiming. Sample of mutual consent divorce petition simranjeet law. Divorce petition by hindu wife on the grounds of cruelty. People who are searching for hindu marriage act 1955 book pdf can find here. The petitioner was ignorant of the facts of the pregnancy of the respondent at the time of his marriage. Mutual divorce petition format india pdf is available for free download. It is a joint petition in which both the husband and the wife states the basic facts of the marriage like the date when the marriage took place, the date since when and if the husband and wife are living separately. May 27, 2019 according to the hindu marriage act, 1955.
Mar 07, 2017 divorce by mutual consent is under section b of hindu marriage act. Hindu marriage act,1955 and special marriage act, 1954. No petition for divorce to be presented within one year of marriage. Oct 30, 2019 petition under section b of the hindu marriage act, 1955 with a prayer to dissolve the marriage between the parties to petition by way of mutual consent in view of the averments made in the petition in the interest of justice. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Under the hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife.
Marriage certificate for fill in the application form below for applying the one of the india’s leading consultancy services providing all round, fill hindu divorce application form application for dissolution of marriage divorce 1 form 1 family make and sign divorce application form in india download. That the contents of the accompanying petition under section b1 of the hindu marriage act be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity. Mutual divorce petition format india pdf download legal. Petition under section 121d of the hindu marriage act, 1954.
It is a different matter that the english courts took this principle to its logical end. The address of the petitioner for the service of notice etc. Petition for divorce under section of hindu marriage act,1955. On the grounds of cruelty us1ia of the hindu marriage act, 1955.
Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. Application for divorce petition format legal news law news. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. Marriage act, by sri rudra rai hereinafter referred to as the. Mutual divorce means that both parties agree to the filing of the divorce and will not oppose it.
Petition for divorce under section hindu marriage act 1955. Application for divorce petition format legal news law. 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. Mutual consent divorce petition step by step guide legal. You can even file for divorce if the other party is not willing to get a divorce this is called, contested divorce. Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as. In the matter of dissolution of marriage under section of the hindu marriage act. Act, on a petition for dissolution of marriage by a decree of divorce, except in so. Section in the hindu marriage act, 1955 indian kanoon. Judicial separation and divorce under hindu marriage act. In the matter of divorce of the petitioner with the respondent on grounds of cruelty.
Mohan reddy, was subjecting his wife to both physical and mental cruelty. Petition for divorce by mutual consent law for women. On the grounds of cruelty under indian divorce act, 1869. Oct 12, 2016 hinduswhich includes sikh, jain, budh are governed by hindu marriage act,1955. On the aforesaid grounds, the petitioner has sought divorce from the respondent. Divorce petition by hindu wife on the grounds of cruelty law library. This mutual consent divorce petition format is specially drafted for india by our legal experts. Mohan reddy, hindu aged about 30 years house wife residing at 17693, brahmin street, tirupati. Srivastava, judge, delhi high court under the hindu marriage act, 1955, as enacted originally, though cruel was one of the grounds for obtaining judicial separation but it was not a ground for obtaining divorce. Short title and extent 1 this act may be called the hindu marriage act, 1955. For services of mutual consent divorce petition format and vetting of legal documents, we are providing full support through our well connected legal club. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows.
Mar 04, 2019 mutual divorce petition format india pdf is available for free download. It has been provided under section 10 of hindu marriage act, 1955. In the matter of dissolution of marriage under section of the hindu marriage act, 1956. It also added a new ground namely divorce by mutual consent of the parties has been made available as a matrimonial relief under the hindu marriage act, 1955.
When the wife files a maintenance petition through her divorce attorney, the burden to declare his income shifts to the husband, who has the right to defend the maintenance petition. Hindu marriage act, 1955 with pdf download updated 2019. C, affidavit is required to be filed to the effect that since the passing of such decree or order, cohabitation between the. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu. Petition under section 9 of the hindu marriage act, 1955. Download a free copy of the sample document, divorce petition by hindu. Jun 27, 2010 the aforesaid petitioner begs to submit as under. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. Sixmonth cooling period for granting divorce can be. Petition filed on behalf of the petitioner under hindu marriage act. Divorce by mutual consent in india step by step procedure. Hindu marriage act was enacted in 1955 and subsequently amended in 1976 to include cruelty, desertion and mutual consent as grounds for divorce law commission of india 1978. Divorce means the dissolution of marriage by a competent court.
Please click on the below links for more information. The types of maintenance under hindu laws are as follows. Hindu marriage act 1955 pdf free download notes finance. Judicial separation merely suspends the marriage temporarily. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. Mohan reddy and saraswathi both having married to each other, lived happily for about two years after the marriage, but since one year s. Matrimonial relief under the special marriage act, 1954.