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Report No. 59

7.4. Significance of Hindu Marriage Act.-

The Hindu Marriage Act, 1955, introduced divorce-(i) for all Hindus; (ii) throughout the territories to which the Act extended; and (iii) on specifically enumerated grounds. It was, therefore, wider in its scope than the pre-existing law, and, for that reason, the legislature proceeded cautiously. Briefly speaking, section 13 of the Act provides for divorce on the ground of living in adultery, conversion, incurable insanity, virulent and incurable leprosy, venereal disease, renunciation of the world by entry into a religious order, not being heard of as being alive for at least seven years, non-resumption of cohabitation after judicial separation and non-restitution of conjugal rights after a decree for such rights. In addition, the wife can petition for divorce on certain special grounds.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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