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Tax4india ›› Indian Law›› Marriage & Divorce Law ›› Divorce (H.M.A)
Divorce Under Hindu Marriage Act
As per the ancient Hindu laws there was no place for Divorce and it was with the codification of Hindu law that the first grounds for the new age laws were laid down.
Divorce between two persons married under the Hindu Marriage Act is also governed by the same act.
Grounds For Divorce
A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:
That the other party
- has after the marriage had voluntary sexual intercourse with any other person; or
- has after the marriage treated the petitioner with cruelty
- has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
- has ceased to be a Hindu by conversion to another religion,
- has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
- has been suffering from a virulent and incurable form of leprosy,
- has been suffering from venereal disease in a communicable form
- has renounced the world by entering any religious order.
- Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.
Additional Grounds For Divorce By Wife
Divorce By Mutual Consent
Filing Of Petition
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