CRUELTY AS A GROUND OF DIVORCE

CRUELTY AS A GROUND OF DIVORCE

Cruelty as a ground of divorce is incorporated in Section 13(1)(ia) of Hindu Marriage Act, 1955. Cruelty was not a ground for divorce prior to the Amendment Act of 1976. It was merely a ground for judicial separation. The term ‘cruelty’ is not defined in the Act.  It was for the first time defined in […]

MITAKSHARA AND DAYABHAGA SCHOOL

MITAKSHARA AND DAYABHAGA SCHOOL

The Mitakshara is a running commentary on the code of Yajnavalkya and was written by Vijnaneshwar. It prevails in whole of India except Bengal and Assam. Even in cases where there is no conflict between Dayabhaga and Mitakshara school, the latter is still regarded as a supreme authority. Salient features of Mitakshara School: The following […]

NATURE AND SOURCES OF HINDU LAW

NATURE AND SOURCES OF HINDU LAW

Nature of Hindu law Hindu law is considered to be of divine origin. It proceeds on the theory that Hindu law was revealed to the sages who had attained great spiritual heights and they were in communication with supreme power i.e. God. According to Hindu jurists, law is the enforceable part of Dharma. Dharma does […]

RIGHTS OF COPARCENERS

RIGHTS OF COPARCENERS

As already stated above, coparceners are the four generations including the common ancestor in unbroken male descent and after the commencement of Hindu Succession (Amendment) Act, 2005, even a daughter of a coparcener may become a coparcener in her own right in the same manner as the son. The following are the rights of a […]

MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY

MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY

Maintenance pendente lite Section 24 of Hindu Marriage Act makes provision for interim maintenance and expenses of proceedings. It confers on the court, the power to grant interim maintenance and expenses of the proceedings to either spouse who does not have independent income to provide for his or her support. It can be claimed in […]

IRRETRIEVABLE BREAKDOWN OF MARRIAGE

IRRETRIEVABLE BREAKDOWN OF MARRIAGE

“Irretrievable breakdown of marriage’ means the situation that exists when either or both spouses are no longer able or willing to live with each other, thereby destroying  their matrimonial relationship with no hope of resumption of spousal duties. Irretrievable breakdown of marriage has not been included in Hindu Marriage Act, 1955 as a ground for […]

DIVORCE BY MUTUAL CONSENT

DIVORCE BY MUTUAL CONSENT

After the enactment of Marriage Laws (Amendment) Act, 1976, divorce can also be obtained by mutual consent of the parties to marriage. According to Section 13-B of the Act, such a petition is required to be moved by the parties to marriage on the ground that they have been living separately for a period of […]

DESERTION AS A GROUND OF DIVORCE

DESERTION AS A GROUND OF DIVORCE

Desertion as a ground of divorce is given under Section 13(1)(ib) of Hindu Marriage Act, 1955. According to this section the decree of divorce can be granted if one party has deserted the other party for a continuous period of not less than two years immediately preceding the presentation of the petition. According to Explanation […]

NATURE OF MARRIAGE AFTER HINDU MARRIAGE ACT

NATURE OF MARRIAGE AFTER HINDU MARRIAGE ACT

Cruelty as a ground of divorce is incorporated in Section 13(1)(ia) of Hindu Marriage Act, 1955. Cruelty was not a ground for divorce prior to the Amendment Act of 1976. It was merely a ground for judicial separation. The term ‘cruelty’ is not defined in the Act.  It was for the first time defined in […]

JOINT HINDU FAMILY

JOINT HINDU FAMILY

Hindu joint family is a fundamental aspect of life of Hindu. Its origin can be traced to ancient patriarchal system which was one of the earliest systems of human society. According to Mitakshara law a Hindu joint family consists of the common ancestor and all his lineal male descendants up to any generation together with […]