The laws related to divorce are as important as any other law. We see the number of marriages is exploding. Teenagers decide marriage in the heat of the moment even when they cannot take care of themselves.
The Hindu Marriage Act, 1955 describes the various provisions of Marriage and Divorce. As per the Act, the term Hindu includes Buddhists, Janis, and Sikhs. This act will also apply to any person domiciled in the territories under the Act but who is not a Christian, Muslim, Parsi, and Jew by religion.
Before moving on to divorce, we should know the conditions for the registration of marriage, because if the marriage is void there is no point in applying for a divorce.
Hindu marriage Act
Section 5 of the Act states the condition of a valid marriage. It states that:
- Neither party has a spouse living at the time of marriage.
- At the time of marriage, neither party –
- Should be incapable of giving a valid consent in the consequence of the unsoundness of mind.
- It should have been suffering from a mental disorder of such a kind or to such an extent as to be unfit for the marriage and the procreation of children.
- Should have been subject to recurrent attacks of insanity.
- The bridegroom should have completed the age of 21 years and the bride should have completed 18 years of age.
- The parties should not be within the degree of a prohibited relationship.
- The parties should not be ‘sapindas’ to each other.
Section 13
Section 13 of the act deals with the provision of Divorce. Both the husband and the wife can apply for divorce. They can also file the divorce application for the marriages that have taken place before the commencement of this Act. The grounds for divorce are hereinafter mentioned:
- The other party has voluntary sexual intercourse with any other person after the solemnization of marriage.
- It has treated the spouse with cruelty.
- The other party has deserted the spouse for not less than two years.
- Another party has ceased to be a Hindu.
- It has been suffering from a mental disorder that can be continuous or in irregular stages.
- The other party has been suffering from leprosy.
- Another party has been suffering from venereal disease.
- The other party has renounced the world by entering any religious order.
- It has not been heard of being alive from seven years or more.
- After passing the decree of judicial separation or restitution of conjugal rights, there has been no cohabitation between the parties for one year or upwards.
Other Provisions
When parties need time to think about their marriage, the act also provides for the option of Judicial Separation. In it, the court will give reasonable time to the parties to think about their continuance of marriage. In this period, the parties will not live with each other but in that period also they will be legally married to one another. This duration of time is provided so that parties can know the importance of each other and their relationship. The decision to end the marriage should not be taken in the heat of the moment so this interval period is very necessary.
The act also provides for the provision of Restitution of Conjugal Rights which says that if either the husband or the wife has withdrawn from the society of the other without reasonable cause, the other party can file a remedy of restitution of conjugal rights.
The act provides for the registration of the Hindu Marriage by maintaining a register which is to be maintained by State Government in which the particulars regarding the marriage should be entered. Though the act also states that the entry of the registration is not mandatory and it will not question the validity of the marriage. Therefore, half of the marriages in India are unregistered. Any contravention of the rule made shall be made punishable which may extend to twenty-five rupees.
Suggestions
As the wife in the rural areas does not have any proof of the marriage, the husband gets married and leaves the wife to take care of her and the children all by herself. The difference in the age of the marriage that is 18 for girls and 21 for the boys depicts superiority. People feel that because of the age difference the men are on a higher level than women.
We should create a society where women do not feel deprived of their rights. If they want to raise their voice and take action against men they can easily do so.
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