enerscript/MARRIAGEACT · Datasets at Fast360

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(b) the petitioner has with his or her free consent lived with the other party to the marriage as
husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
1
[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage
is null and void under section 24, any child of such marriage who would have been legitimate if the
marriage had been valid, shall be legitimate, whether such child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is
granted in respect of that 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 25, 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 has 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 25,
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 not his being the legitimate child of his parents.]
27. Divorce.―2
[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition
for divorce may be presented to the district court either by the husband or the wife on the ground that the
respondent―
3
[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or]

1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976).
2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b).
11
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in
the Indian Penal Code (45 of 1860);
1
* * * * *
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
2
[(e) 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.
Explanation.―In this clause,―
(a) the expression “mental disorder” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally aggressive
or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or
is susceptible to medical treatment; or
(f) has been suffering from venereal disease in a communicable form; or]
(g) has 3
* * * been suffering from leprosy, the disease not having been contacted from the
petitioner; or
(h) 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 the respondent if the respondent had been alive; 4
* * *
5
[Explanation.―In this sub-section, the expression “desertion” means desertion of the petitioner by
the other party to the marriage without reasonable cause and without the consent or against the wish of
such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expressions shall be construed accordingly;]
6
* * * * *
7
* * * * *
8
[(1A) A wife may also present a petition for divorce to the district court on the ground,―
(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
bestiality;
(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of
1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or
under the corresponding section 488 of the Code of Criminal Procedure, 1898) (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.]

1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976).
3. The words “for a period of not less than three years immediately preceding the presentation of the petition” omitted by s. 27,
ibid. (w.e.f. 27-5-1976).
4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976).
7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970).
8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).
12
1
[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage,
whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970
(29 of 1970), may present a petition for divorce to the district court on the ground―
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding to
which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.]
2
[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition
for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground

(b) the petitioner has with his or her free consent lived with the other party to the marriage as

husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

1

[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage

is null and void under section 24, any child of such marriage who would have been legitimate if the

marriage had been valid, shall be legitimate, whether such child is born before or after the commencement

of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is

granted in respect of that 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 25, 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 has 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 25,

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 not his being the legitimate child of his parents.]

27. Divorce.―2

[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition

for divorce may be presented to the district court either by the husband or the wife on the ground that the

respondent―

3

[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any

person other than his or her spouse; or

(b) has deserted the petitioner for a continuous period of not less than two years immediately

preceding the presentation of the petition; or]

1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976).

2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).

3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b).

11

(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in

the Indian Penal Code (45 of 1860);

1

* * * * *

(d) has since the solemnization of the marriage treated the petitioner with cruelty; or

2

[(e) 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.

Explanation.―In this clause,―

(a) the expression “mental disorder” means mental illness, arrested or incomplete

development of mind, psychopathic disorder or any other disorder or disability of mind and

includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind

(whether or not including sub-normality of intelligence) which results in abnormally aggressive

or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or

is susceptible to medical treatment; or

(f) has been suffering from venereal disease in a communicable form; or]

(g) has 3

* * * been suffering from leprosy, the disease not having been contacted from the

petitioner; or

(h) 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 the respondent if the respondent had been alive; 4

* * *

5

[Explanation.―In this sub-section, the expression “desertion” means desertion of the petitioner by

the other party to the marriage without reasonable cause and without the consent or against the wish of

such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its

grammatical variations and cognate expressions shall be construed accordingly;]

6

* * * * *

7

* * * * *

8

[(1A) A wife may also present a petition for divorce to the district court on the ground,―

(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or

bestiality;

(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of

1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or

under the corresponding section 488 of the Code of Criminal Procedure, 1898) (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.]

1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).

2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976).

3. The words “for a period of not less than three years immediately preceding the presentation of the petition” omitted by s. 27,

ibid. (w.e.f. 27-5-1976).

4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).

5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).

6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape,

sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976).

7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970).

8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976).

12

1

[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage,

whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970

(29 of 1970), may present a petition for divorce to the district court on the ground―

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a

period of one year or upwards after the passing of a decree for judicial separation in a proceeding to

which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a

period of one year or upwards after the passing of a decree for restitution of conjugal rights in a

proceeding to which they were parties.]

2

[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition

for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground