13 c
ramesh gupta
(Querist) 01 September 2011
This query is : Resolved
NAMASKAR ALL THE MEMBERS
WHO CAN TAKE THE DIVORCE U/S 13 C OF HMA
Raj Kumar Makkad
(Expert) 01 September 2011
‘13C (1) A petition for the dissolution of marriage by a decree of divorce may be
presented to the district court by either party to a marriage [whether solemnized before
or after the commencement of the Marriage Laws (Amendment) Act, 2010], on the
ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the
marriage to have broken down irretrievably unless it is satisfied that the parties to the
marriage have lived apart for a continuous period of not less than three years
immediately preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence, as to the fact mentioned in subsection
(2), then, unless it is satisfied on all the evidence that the marriage has not
broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree
of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for
which the parties to a marriage have lived apart has been continuous, no account shall
be taken of any one period (not exceeding three months’ in all) during which the parties
resumed living with each other, but no other period during which the parties lived with
each other shall count as part of the period for which the parties to the marriage lived
apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be
treated as living apart unless they are living with each other in the same household,
and reference in this section to the parties to a marriage living with each other shall be
construed as reference to their living with each other in the same household.
prabhakar singh
(Expert) 01 September 2011
Well explained by Expert : raj kumar makkad.
