What are the 5 grounds for divorce in India?

Grounds of Divorce in India

  • Adultery. Either party to the marriage may present a petition for divorce under cl.
  • Cruelty.
  • Desertion.
  • New Phenomenon of NRI Related Desertion.
  • Conversion.
  • Unsoundness of mind.
  • Schizophrenia.
  • Virulent and incurable leprosy.

In which it was held that section 9 of Hindu Marriage Act 1955 is unconstitutional?

Judicial decisions regarding Section 9 of Hindu Marriage Act, 1955. The Supreme Court validated the constitutionality of Section 9 of the HMA in Saroj Rani v. Sudarshan Kumar Chadha, 1984. The Court held that the respondent shall follow the matrimonial obligations and cohabit with the petitioner.

Is Sec 9 of the Hindu Marriage Act 1955 is constitutionally valid substantiate with the help of case laws?

As a result the section 9 of Hindu marriage act 1955 was unconstitutional. In fact, Justice Rotagi in Harvinder Kaur v Harminder Singh, AIR 1984 Delhi 66, recognised that “the legislature has created restitution of conjugal rights as an additional ground for divorce”. In Shakila Banu v.

Can court Force husband to stay with wife in India?

Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.

What is the new divorce law in India?

After a petition has been filed to obtain a divorce by mutual consent, the parties have to wait for a minimum period of 6 months and not more than 18 months. In conclusion, the law has laid down the appropriate provisions for enabling the parties to obtain a divorce you should hire the best divorce lawyers in India.

What are the rights of a wife in a divorce?

A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies. If there’s a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in. she can legally stay in that home if she wants to.

Can Section 9 be converted to divorce?

section 9 is for the Restitution of Conjugal Rights. when he can convert the section Application into divorce when he got a decree of restitution of Conjugal Rights and despite of the same you are not obeying it at that time it can be a ground for divorce.

Is adultery still a ground for divorce?

The act of adultery is recognized by the Special Marriage Act, 1954 as it is a valid ground for divorce if the respondent had have voluntary sexual intercourse with a person who is not his/her spouse, after solemnization of the marriage.

What is divorce under Hindu Marriage Act of 1955 explain with the grounds?

Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of divorce. Some of there are Adultery, Desertion, Cruelty, Insanity, Leporacy, Verenal Disease, while others such as Conversion, Or Renunciation of words are typically Hindu grounds.

Is Section 9 of Hindu Marriage Act is constitutionally valid?

9 of the Hindu Marriage Act violates the Article 14 and Article 21 of the Constitution and therefore it was held as void. In Saroj Rani vs. Sudarshan Kumar Chadha, the Hon’ble Supreme Court held that the principle of the restitution of conjugal rights was created to prevent the break up between the spouses.

What if wife wants divorce and husband does not?

You can get divorce even if your husband is not ready. You should file divorce petition on the grounds mentioned in hindu law with consult of your local lawyer. You can even draft your petition from any advocate and file it. The petition must be drafted after detailed discussion with you.

What is the new rules for divorce?