LEGISLATURE HINDU MARRIAGE ACT THE SPECIAL THE CHRISTIAN DIVORCE ACT

/FEATURES MARRIAGE MARRIAGE ACT

ACT

Primary To amend and codify the To provide a To regulate the To amend the law
objective law concerning marriage of special form of legal marriage of relating to the
marriage in certain
Hindus (Sastrik) and to all “Indian divorce of persons
cases and to
bring about uniformity in provide for Christian” professing the
law for all sections of registration of Christian religion,
Hindus certain marriages and to confer upon
and to decree
divorce
certain Courts
jurisdiction in
matters matrimonial
disputes

Jurisdiction Every petition shall be Principal civil --------- Matrimonial

presented to the district court of original jurisdiction -The
jurisdiction and a
court within the local jurisdiction now
civil court of the
limits of whose ordinary exercised by the
city where such
original civil jurisdiction court exists. An High Courts in
aggrieved party respect of divorce
(i) the marriage was
may invoke the a mensa et toro,
solemnised, or jurisdiction of
and in all other
a district court if
(ii) the respondent, at the causes, suits and
any of the
time of the presentation of following matters
the petition, resides, or qualifications are matrimonial, shall
fulfilled: The be exercised by
(iii) the parties to the marriage has
marriage last resided such Courts and
been solemnized
together, or within that court's
by the District
local limits Courts subject to
41
 [(iiia) in case the wife is the provisions in
the petitioner, where she is this Act contained
residing on the date of
presentation of the petition,
or]
Extraordinary
(iv) the petitioner is jurisdiction
residing at the time of the
presentation of the petition,
in a case where the The High Court
respondent is, at that time,
may, whenever it
residing outside the
thinks fit, remove
territories to which this Act
 extends, or 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 him if he were alive.]
Jurisdiction of the Court
Conditions of A marriage may be
valid marriage
solemnised between any
two Hindus, if the
following conditions are
fulfilled, namely :–
(i) Neither party has a
spouse living at the time
of the marriage;
(ii) At the time of the
marriage, neither party:
(a) Is incapable of giving
a valid consent to in
consequences of
unsoundness of mind;
or
(b) Though capable of
giving a valid consent,
has been suffering from
mental disorder of such
a kind or to such an
extent as to be unfit for
marriage and the
procreation of children;
or
and try and
determine as a
Court of original
jurisdiction any
suit or proceeding
instituted under
this Act in the
Court of any
District Judge
within the limits
of its jurisdiction
under this Act
1. Each party 1.The groom Nothing specified in
involved should this context
have no other must be below
subsisting valid 21 years of age
marriage. In other and bride must
words, the
resulting marriage not be below the
should be age of 18
monogamous for
both parties.
2. The groom must
be at least 21 2.Neither of the
years old; the parties must
bride must be at
least 18 years old.
have a spouse
still living at the
3. The parties time of marriage
should be
competent in
regard to their
mental capacity to
the extent that 3.The marriage
they are able to ceremony must
give valid consent
for the marriage.[8] take place on
presence of the
4. The parties person licensed
should not fall
within the degree under section 9
of prohibited and at least two
relationship
credible
witnesses
 (c) Has been subject to
recurrent attacks of
insanity or epilepsy.

(iii) The bridegroom has

completed the age of
twenty one (21) years
and the bride the age of
eighteen years at the
time of 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 custom or
usage governing each of
them permits of a
marriage between the
two.
Ceremony For a valid Hindu a)a ceremony any person can English Minister
marriage no particular of marriage has receive episcopal refusing to
ceremony is prescribed been performed ordination, perform
by the Act. Sections 5 between the provided that ceremony to
and 7 lay down that parties and the marriage be permit use of his
such a marriage can be they have been solemnized Church.-When
solemnised in living together according to the any Minister of
accordance with the as husband and rules, rites, any Church or
customary rights and wife ever since ceremonies and Chapel of the said
ceremonies of any one of (b) neither customs of the 2*** Church
the parties to the party has at the Church of which refuses to perform
 marriage. time of he is a Minister such marriage
registration service between
more than one any persons who
spouse living; but for such
(c) neither refusal would be
party is an idiot entitled to have
or a lunatic at the same service
the time of performed in such
registration: (d) Church or Chapel,
the parties have such Minister
completed the shall permit any
age of twenty- other Minister in
one year at the Holy Orders of
time of the said Church,
registration; (e) entitled to
the parties are officiate within
not within the the diocese in
degrees of which such
prohibited Church or Chapel
relationship is situate, to
perform such
marriage-service
in such Church or
Chapel.
Restitution of When either the When either It is required When either the
conjugal rights husband or the wife has, the husband or that at the time husband or the
without reasonable the wife has, of marriage the wife has without
excuse, withdrawn from without bride should not reasonable excuse,
the society of the other, reasonable be less than withdrawn from
the aggrieved party may excuse, eighteen years the society of the
apply, by petition to the withdrawn and bridegroom other, either wife
district court, for from the should not be or husband may
restitution of conjugal society of the less than twenty- apply, by petition
rights and the court, on other the one years. The to the District
being satisfied of the aggrieved party non-age does not Court or the High
truth of the statements may apply by render the Court, for
made in such petition petition to the marriage void or restitution of
and that there is no legal District Court voidable. Thus conjugal rights,
ground why the for restitution the marriage and the Court, on
 application should not of conjugal remains a valid being satisfied of
be granted, may decree rights, and the marriage; a the truth of the
restitution of conjugal Court, on being decree for statements made
rights accordingly satisfied of the restitution of in such petition,
truth of the conjugal rights Hand that there is
statements cannot be no legal ground
made in such refused why the
petition, and application
that there is no should not be
legal ground granted, may
why the decree restitution
application of conjugal rights
should not be accordingly.
granted, may
decree
restitution of
conjugal rights
accordingly
Judicial  either party to a (1) A Petition The Christian Bar to decree for
separation marriage can file a for judicial couples can divorce a mensa
petition before the Court separation may obtain Judicial et toro; but
Separation by
for such a relief on any be presented to judicial separation
filing petition
of the following the District under The obtainable by
grounds: Court either by Indian Divorce husband or wife.-
(i) that the other party the husband or Act, 1869. No decree shall
has had voluntary the wife.- hereafter be made
Grounds for
sexual intercourse with Judicial for a divorce a
any person other than Separation: mensa et toro, but
his or her spouse after (a) on any of the husband or
The husband or
solemnization of the grounds wife may obtain wife may obtain a
marriage; specified in a decree of decree of judicial
sub-section (1) judicial separation, on the
(ii) that the other party and sub-section separation, on ground of
has, after solemnization the grounds of: adultery, or
(1-A) of Sec. 27
of the marriage, treated on which a cruelty, or
a. Adultery
the spouse with cruelty; petition for b. Cruelty desertion without
divorce might c. Desertion reasonable excuse
(iii) that the other party have been without for two years or
has deserted the spouse presented; or reasonable upwards, and
excuse for
for a continuous period two years such decree shall
of not less than 2 years or have the effect of
(b) on the upwards
immediately preceding a divorce a mensa
grounds of
the presentation of the et Collected by
failure to
petition; the All India
comply with a
Christian Council,
decree for
(iv) that the other party www.christiancou
restitution of
has ceased to be a Hindu ncil.in Page 11 of
conjugal rights
by conversion to another 36 toro under the
and the Court,
religion; existing law, and
on being
such other legal
satisfied of the
(v) that the other party effect as
truth of the
has been incurably of hereinafter
statements
unsound mind, or has mentioned
made in such
been suffering
petition, and
continuously or
that there is no
intermittently from
legal ground
mental disorder of such
why the
a kind and to such an
application
extent that the petitioner
should not be
cannot reasonably be
granted, may
expected to live with the
decree judicial
other party;
separation
accordingly.
(vi) that the other party
has been suffering from
a virulent and incurable
form of leprosy; (2) Where the
Court grants a
(vii) that the other party decree for
has been suffering from judicial
venereal disease in a separation, it
communicable form; or shall be no
longer
(viii) the other party has obligatory for
renounced the world by the petitioner
entering any religious to cohabit with
order; or the respondent,
but the Court
(ix) The other party has may, on the
not been heard of as application by
being of 7 years or more petition of
by those persons who either party
would naturally have and on being
heard of him/her, had satisfied of the
the party been alive truth of the
statements
made in such
petition rescind
the decree if it
considers it just
and reasonable
to do so.
Grounds for (a) has, after Can seek Grounds of
1. Adultery: During
divorce the dissolution of decree.-Such
the period of
marriage, if either solemnization marriage under decree may be
spouse maintains of the marriage the Indian made on any of
sexual relations had voluntary Divorce Act of the following
with a person
sexual 1869 grounds:-
other than his or
intercourse
her lawfully (1) that the
wedded with any
respondent was
companion. person other
impotent at the
2. Cruelty: After the than his or her
marriage, time of the
spouse; or
subjecting the marriage
petitioner to Collected by the
cruelty. All India
3. Desertion: If (b) has deserted
Christian Council,
either one of the the petitioner
time of the
parties to the for a
marriage deserts institution of the
continuous
the other for a suit; (2)that the
period of not
consistent span of parties are within
less than two
at least two years , the prohibited
prior to  the filing years
degrees of
of the petition by immediately
consanguinity
the other party. preceding the
(whether natural
4. Conversion to presentation of
another religion or legal) or
the petition; or
by either party affinity;
other than
Hinduism
5. Mental Disorder: (c) is
(3) that either
If the spouse of undergoing a
party was a
the petitioner sentence of
suffers from any lunatic or idiot at
imprisonment
6. unsoundness of the time of the
for seven years
mind, mental marriage;
illness or disorder or more for an
that cannot be offence as
cured, then the defined in the
petitioner can file (4) that the
Indian Penal
for divorce former husband
Code (45 of
7. Venerable Disease or wife of either
1860); or
in Communicable party was living
form. at the time of the
8. The renunciation marriage, and the
 of the world or (d) has since marriage with
entered any the such former
religious order. solemnization husband or wife
9. Not heard being of the marriage was then in force.
alive for a period treated the Nothing in this
of seven years or
petitioner with section shall affect
more.
cruelty; or the jurisdiction of
the High Court to
make decrees of
(e) has been divorce
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.

Mutual For parties to seek Subject to the Can seek

According to
divorce divorce by mutual provisions of dissolution of Section 10, the
consent, they must be this Act and to her marriage grounds we saw
living separately for a the rules made under the Indian above must exist
period of at least one thereunder, a Divorce Act of for a party to file
year, and must resolve petition for 1869 for divorce.
towards the end of the divorce may be However, it may
so happen that
marriage presented to
both parties wish
the District to seek divorce
Court by both mutually. For this
the parties purpose,
together on the the Parliament am
ended this Act to
ground that
insert Section 10-
they have been A.
living
separately for a
According to
period of one Section 10-A,
year or more, parties may
that they have together mutually
not been able to file a petition for
live together divorce in the
and that they District Court. In
order to do this,
have mutually
they must have
agreed that the lived separately
marriage for two years and
should be must be unable to
dissolved. live together. In
case parties do
not withdraw this
petition between 6
to 18 months, the
court may
dissolve their
marriage.