enerscript/MARRIAGEACT · Datasets at Fast360

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(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree
or order, cohabitation between the parties has not been resumed for one year or
upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial
separation.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented to the
District Court by both the parties to a marriage together, whether such marriage
was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, 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.
(2) On the motion of both the parties made earlier than six months after the date
of the presentation of the petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the petition is not withdrawn in the mean
time, the Court shall, on being satisfied, after hearing the parties and after making
such inquiry as it thinks fit, that a marriage has been solemnized and that the
averments in the petition are true, pass a decree of divorce declaring the marriage
to be dissolved with effect from the date of the decree.
14. No petition for divorce to be presented within one year of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for
any Court to entertain any petition for dissolution of marriage by a decree of
divorce, unless at the date of the presentation of the petition one year has elapsed
since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such
rules as may be made by the High Court in that behalf, allow a petition to be
presented before one year has elapsed since the date of the marriage on the
ground that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent, but, if it appears to the court
at the hearing of the petition that petitioner obtained leave to present the petition
by any mis-representation or concealment of the nature of the case, the court may,
if it pronounces a decree, do so subject to the condition that the decree shall not
have effect until after the expiry of one year from the date of the marriage or may
dismiss the petition without prejudice to any petition which may be brought after
the expiration of the said one year upon the same or substantially the same facts
as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition
for divorce before the expiration of one year from the date of the marriage, the
court shall have regard to the interests of any children of the marriage and to the
question whether there is a reasonable probability of a reconciliation between the
parties before the expiration of the said one year.
15. Divorced persons. When may marry again.- When a marriage has been
dissolved by a decree of divorce and either there is no right of appeal against the
decree or, if there is such a right of appeal, the time for appealing has expired
without an appeal having been presented, or an appeal has been presented but has
been dismissed, it shall be lawful for either party to the marriage to marry again.
16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage is null and void under Section 11, any child of
such marriage who would have been legitimate if the marriage had been valid,
shall be legitimate, whether such a child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of
nullity is granted in respect of the marriage under this Act and whether or not the
marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under
Section 12, any child begotten or conceived before the decree is made, who would
have been the legitimate child of the parties to the marriage if at the date of the
decree it had been dissolved instead of being annulled, shall be deemed to be their
legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as
conferring upon any child of a marriage which is null and void or which is annulled
by a decree of nullity under Section 12, any rights in or to the property of any
person, other than the parents, in any case, where, but for the passing of this Act,
such child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after
the commencement of this Act is void if at the date of such marriage either party
had a husband or wife living; and the provisions of Sections 494 and 495 of the
Indian Penal Code (45 of 1860) shall apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu
marriage.- Every person who procures a marriage of himself or herself or to be
solemnized under this Act in contravention of the conditions specified in clauses
(iii), (iv), and (v) of Section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii) of Section
5, with simple imprisonment which may extend to fifteen days, or with fine which
may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause

(2) A wife may also present a petition for the dissolution of her marriage by a

decree of divorce on the ground-

(i) in the case of any marriage solemnized before the commencement of this Act,

that the husband had married again before the commencement or that any other

wife of the husband married before such commencement was alive at the time of

the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of

the petition;

(ii) that the husband has, since the solemnization of the marriage, been guilty of

rape, sodomy or bestiality; or

(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,

(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal

Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code

of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has

been passed against the husband awarding maintenance to the wife

notwithstanding that she was living apart and that since the passing of such decree

or order, cohabitation between the parties has not been resumed for one year or

upwards;or

(iv) that her marriage (whether consummated or not) was solemnized before she

attained the age of fifteen years and she has repudiated the marriage after

attaining that age but before attaining the age of eighteen years.

Explanation.- This clause applies whether the marriage was solemnized before or

after the commencement of the Marriage Law (Amendment) Act, 1976.

13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this

Act, on a petition for dissolution of marriage by a decree of divorce, except in so

far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and

(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do

having regard to the circumstances of the case, pass instead a decree for judicial

separation.

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a

petition for dissolution of marriage by a decree of divorce may be presented to the

District Court by both the parties to a marriage together, whether such marriage

was solemnized before or after the commencement of the Marriage Laws

(Amendment) Act, 1976, 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.

(2) On the motion of both the parties made earlier than six months after the date

of the presentation of the petition referred to in sub-section (1) and not later than

eighteen months after the said date, if the petition is not withdrawn in the mean

time, the Court shall, on being satisfied, after hearing the parties and after making

such inquiry as it thinks fit, that a marriage has been solemnized and that the

averments in the petition are true, pass a decree of divorce declaring the marriage

to be dissolved with effect from the date of the decree.

14. No petition for divorce to be presented within one year of marriage.-

(1) Notwithstanding anything contained in this Act, it shall not be competent for

any Court to entertain any petition for dissolution of marriage by a decree of

divorce, unless at the date of the presentation of the petition one year has elapsed

since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such

rules as may be made by the High Court in that behalf, allow a petition to be

presented before one year has elapsed since the date of the marriage on the

ground that the case is one of exceptional hardship to the petitioner or of

exceptional depravity on the part of the respondent, but, if it appears to the court

at the hearing of the petition that petitioner obtained leave to present the petition

by any mis-representation or concealment of the nature of the case, the court may,

if it pronounces a decree, do so subject to the condition that the decree shall not

have effect until after the expiry of one year from the date of the marriage or may

dismiss the petition without prejudice to any petition which may be brought after

the expiration of the said one year upon the same or substantially the same facts

as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition

for divorce before the expiration of one year from the date of the marriage, the

court shall have regard to the interests of any children of the marriage and to the

question whether there is a reasonable probability of a reconciliation between the

parties before the expiration of the said one year.

15. Divorced persons. When may marry again.- When a marriage has been

dissolved by a decree of divorce and either there is no right of appeal against the

decree or, if there is such a right of appeal, the time for appealing has expired

without an appeal having been presented, or an appeal has been presented but has

been dismissed, it shall be lawful for either party to the marriage to marry again.

16. Legitimacy of children of void and voidable marriages.-

(1) Notwithstanding that a marriage is null and void under Section 11, any child of

such marriage who would have been legitimate if the marriage had been valid,

shall be legitimate, whether such a child is born before or after the commencement

of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of

nullity is granted in respect of the marriage under this Act and whether or not the

marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under

Section 12, any child begotten or conceived before the decree is made, who would

have been the legitimate child of the parties to the marriage if at the date of the

decree it had been dissolved instead of being annulled, shall be deemed to be their

legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as

conferring upon any child of a marriage which is null and void or which is annulled

by a decree of nullity under Section 12, any rights in or to the property of any

person, other than the parents, in any case, where, but for the passing of this Act,

such child would have been incapable of possessing or acquiring any such rights by

reason of his not being the legitimate child of his parents.

17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after

the commencement of this Act is void if at the date of such marriage either party

had a husband or wife living; and the provisions of Sections 494 and 495 of the

Indian Penal Code (45 of 1860) shall apply accordingly.

18. Punishment for contravention of certain other conditions for a Hindu

marriage.- Every person who procures a marriage of himself or herself or to be

solemnized under this Act in contravention of the conditions specified in clauses

(iii), (iv), and (v) of Section 5 shall be punishable-

(a) in the case of a contravention of the condition specified in clause (iii) of Section

5, with simple imprisonment which may extend to fifteen days, or with fine which

may extend to one thousand rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause