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Ex-parte Decree |
Ex-parte Decree
If the non – appearance of a party can be sufficiently proved before the court, then the ex-parte decree of restitution of conjugal rights can be set aside.
Judicial Separation
Section 10 (1) of the Hindu marriage Act, 1955 states that either party to a marriage, whether solemnized before or after commencement of this Act, may present a petition for a decree of 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.
Section 13 of the Hindu Marriage Act, 1955 deals with divorce. (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 –
(i). has, after the solemnization of the marriage, had voluntary sexual intercourse 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
(iii). Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(iv). has been suffering from a virulent and incurable form of leprosy
(v). has been suffering from veneral disease in a communicable form: or
(vi). Has renounced the world by entering any religious order : or
those persons who would naturally have heard of it, had that party been alive
(vii). 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 it, had that party been alive
Section 10 (2) of the Hindu Marriage Act,1955 states that 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.
Introduction To Void Marriages
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 by a decree of nullity if it contravenes any one of the conditions specified in clauses (i),(iv) and (v) of section 5
Accordingly, three types of marriages that are null and void written hereunder :
5(i). neither party has a spouse living at the time of the marriage
(iv). the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two:
(v). the parties are not sapindas of each other, unless the customs or usage governing each of them permits of a marriage between the two.
Effect of consent of first wife
Even if the husband gets the consent for a second marriage from his first wife, even then, the second marriage is not a valid one.
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