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divorce in Hindu Marriage Act

(Querist) 09 August 2008 This query is : Resolved 
irretrivable marriage, is it a ground under the Act?
Srinivas.B.S.S.T (Expert) 09 August 2008
Yes it is a ground to obtain a decree of divorce by way of mutual consent. If you want to file a petition under section 13 of HMA you have to add acts of cruelty. However some details from your end would have been helpful to solve this query satisfactorily
M.A.T.Ganesan (Querist) 09 August 2008
only for mutual, but not a ground for an application to get divorce if other spouse is not willing
Srinivas.B.S.S.T (Expert) 11 August 2008
Then what is your actual query?
kumar sachin (Expert) 11 August 2008
place a detailed query for proper and satisfactory reply
KANDE VENKATESH GUPTA (Expert) 12 August 2008
There is no specific provision under the H.M.Act or any other act that irretrievable marriage is a ground for grant of divorce. Cruelty and desertion are the grounds on which decree of divorce is granted. Desertion means voluntarily leaving the company of the other spouse and cruelty may be either physical or mental. However the Supreme Court laid down the principle that when the marriage is irretrievably broken, there is no meaning in continuing the marital relations. Thus, it is a Judge Made law based on the above grounds i.e., desertion and cruelty.

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