what is judicial Seperation? what are the grounds of judicial seperation?
ฝัง
- เผยแพร่เมื่อ 10 มิ.ย. 2021
- in this video we have discussed about the legal term judicial seperation
divorce
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grounds of divorce
• Video
section 10 of Hindu Marriage Act
[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
Sections 13(1)
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) 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 other party, and whether or not it requires or is susceptible to medical treatment; or]
(iv) has been suffering from a virulent and incurabe form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) 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 it, had that party been alive;
6 Explanation.-In this sub-section, the expression “desertion” means the 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.
13(2) ...special grounds available to wife
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 such 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; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 9[bestiality; or]
10 [(iii) 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;
(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 Laws (Amendment) Act, 1976 (68 of 1976).]
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Sir mene aaj tak kisi bhi professor ko nhi dekha jesa aapka teaching kerne ka tarika hai very good sir thanks so much ❤️🙏
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Very nice and understanding explanation
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Thankyou so much for this helpful video 🙏🙏
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Sir I have complete my first semester.. helpful your lecture..thnku
Omg my confusion is clear thankyou so much❤
Mind-blowing explanation sir aapne bhut ache se easy karke smjaya hau
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Thank u sir 🙏
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Tqsm sir 🙏🤗
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Sir please make some more legal terms...aur kisi se smj nhi aata (public, private,polygamy,monogamy,bygamy,litigation, pleading plzz sir jldi bna do exam hai 18 ko sir plzz
Sir please one video. Judicial separation ki bat main koe case na kore to kya huga. Or bacha hye tu bocha kisku milega. Please this story one video
Sir agar kise ne divorce maga ho or curt ne ju.sepration de diya ho to divorce lene k liye ab use kiya krna hoga??
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Very very nice 👌👌👌👌👍👍 video
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Very good explain, God bless you sir.
Dnyabad ji ....
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Sir aap sociology kaa objective question banayenge kya plz
Going too busy ....sorry ....will try but after some time
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