Divorce under Hindu marriage act

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Question From: Family Law

How many ways a Hindu marriage could be dessolved?

Divorce came into force with the codification of The Hindu Marriage Act 1955 (HMA). First time recognized divorce under Hindu marriage act. Before 1955 divorce was not recognized in Hindu law except by some custom prevalent in certain class recognized it.

Divorce is the last step of matrimonial causes. Because divorce puts the marriage to an end. Parties revert back to their unmarried status and they are once again free to solemnize marriage.

Hindu Marriage Act originally  based divorce on the guilt or fault theory of divorce and section 13 of the said act provides 9 ground of divorce which is based on this theory.

Initiation of legal action in respect of marriage is called matrimonial causes. HMA recognized following four matrimonial causes :

  • Restitution of conjugal rights 
  • Dissolution of marriage  
  • Nullity of marriage 
  • Judicial separation.

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