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swasti (Manager)     24 October 2012

Hma 13(1) grounds for divorce..

What are the admissible grounds for divorce under HMA 13(1)?  The petition title says that it was filed under HMA 13(1), and there are no further subsections of HMA 13(1).



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 10 Replies

Raja (XYZ)     24 October 2012

why dont you search google and get a copy of HMA for your reference....!

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 October 2012

GROUNDS OF DIVORCE AS PER THE HINDU MARRIAGE ACT

(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) 1[ has, after the solemnization of the marriage, had voluntary, s*xual 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) 1[ 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 require or is susceptible to medical treatment; or]
(iv) has 2[ been suffering from a virulent and incurable from of leprosy; or
(v) has 2[ been suffering from venereal disease in a communicable from; 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.1[ 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.
 
By the way a petitioner is not obligated to mention the exact section/sub-section it's the job of the judge to apply the right section on the basis of facts.
 
1 Like

manno (owner)     26 October 2012

Mr. Chugh,

 

thank you for giving me the ref for Mr. Sethi. I was going through your replies when this one caught my attention:

My husband has alleged that I am of unsound mind. Yes , I have been depressed because of my marital problems, so much so that I had a panic attack once which my husband has mentioned in his petition. 

He's had access to my phone when I wasn't suspecting his intentions, and may have sent himself sms's saying that I will kill myself, etc. 

Nobody wants to keep an eye and suspect their spouse's moves because it further ruins a marriage. will this explanation stand in court?. He's alleged mental cruelty.  He has many human (so-called) witnesses on his side. big khaandaan. They will definitely side with him. I on the other hand has just sms and chats . I obviously could not take my family to live with me in my husband's house. 

He's goaded me and troubled me so much . The mental torture was crushing me. anybody who is pushed beyond their breaking point will get depressed. 

I don't know if the judge will understand me. I have spoken no lie. I have proof tht show my intentions in this marriage. I am even not alleging any made-up charges against him like he has. But, I am extremely afraid. 

rajiv_lodha (zz)     27 October 2012

The contested divorce wil take ages fro him as u have decided to block his way. So relax, he wont get out of the loop so easily.

Meanwhile as per ur post, he has been cruel to u rather, u have lost trust in him too.....................WHY NOT THINK OF MUTUAL CONSENT DIVORCE??

1 Like

498 A fighter (Advocate)     27 October 2012

RAJA sir see the difference please dont mind the reply from Bharat sir and from You,

everything is available on google every one no but people posting there querry here because still they have trust on LCI ,

if you can reply them please reply dont ignor their queries like that , some time poeple ask foolish like if i kill some then i get improsionement is life time or 10 years?

so please solve them, if not them dont take this much pain also to tell them to search on google.

sorry if you get hurt. but see the reply difference yours and bharat sirs.

manno (owner)     28 October 2012

mutual is not an option. no one should be allowed to use and throw people so easily. its extremely disrespectfull.

however,

 

along with his petition, my husband has submitted some chats and sms's. he has always had access to my phone and email id. 
 
how do i see what [so called] proof has he submitted to implicate me?all these chats and sms's that he has submitted with his petition. 
 
also, how can i legally get access to his credit card statement and phone records?
 
can the lawyer that i hire requisition for it through the court?
 
i am currently extremely ill, and have not been working since last year. however my husband has alleged that i have told him that i will never work so that he keeps paying me maintenance. this is a lie.
 
i didn't even know that this was a possibility.
 
i am not a graduate and finding a good job is difficult in my stressed situation. 
 
he has always known that.
 
 
education does not ensure emotional strength in anyone. and i haven't been able to perform at interviews because i have been extremely traumatized by my husband
 
i can't sleep, have high BP and constant migraines.i am extremely afraid.
 
he's alleged everything in the law book that is a reason for a divorce.
 
cruelty, greed for his money (he hardly has any), physical abuse as well as insanity.
He's contradicting himself by calling me insane as well as able to hold a job. I have been depressed because o his behavior, so much that i was rushed to the hospital for a panic attack. He's using that as an excuse or insanity. I am very afraid.   
 
he's asked for a psych evaluation by a psychiatrist.

rajesh (asdadad)     29 October 2012

I have my own story to share with you all  .... my FIL is arrogant and he incites my wife to be highly career oriented and forget the meaning of good married life .. My wife is also somewhat imature , i dont know if she acts like that or she really is ... There are so many missing strings in our relationships which neither my wife nor her parents wants to focus upon ... We got married on 18th June 2011 and started our family life on 3rd July 2011 ( there was only both of us in Pune at that time while my parents were living in my 100 KMs away hometown) During marriage we didnt ask for any dowry neither we were in favor of that ... but from that day onwards , it was a complete torture for me .. from 3rd July to 29th Dec . she stayed with me only for 2.5 months and also in that period , her parents were constantly in touch with her through phone like they daily used to call her for 3-4 hours .... 

 

Then one day her sister told me about a job in Mumbai and asked me to switch to Core engg job from IT field .. Before my wife ran away on 29th Dec 2011 , 15 days ago she again called me and abused me for taking my wife to my parents place on weekly basis or  once in 15 days .. 

 

After my sucide attempt on 8th Feb 2012 , she returned back and got a job on 12th March 2012 but again she started complaining about her so called hectic schedule ..blah blah ... and when it was confirmed that she is preggy by 6 week and 6 days on 19th May 2012 .. she started creating scene and after 3 days she sent me a SMS telling me her decision to abort the child ... on 3rd June her dad , brother came and took her away to their place giving false promise of sending her back ... When I asked him to send her back he told me about his decision of giving divorce to me .. When i went their place for negotions , he threatened me and my father for lives and thrown us out ..on 30th June he came and took away all the househole items .. After this whole drama started off and he started abusing my parents, brother and me and asking my parents to force me to agree with his decision otherwise he would file DV cases , dowry cases etc etc... 

 

I sent her a lawyer notice for coming back to my home within 7 days on 14th Aug .. but her dad replied through a lawyer notice asking for a divorce .. I stayed calm for a month which irritated him and finally on 29th Sept he filed for a divorce petition in Buldana( MH )  court which recieved on 20th Oct and i am summoned to the court on 3rd Nov 2012 ..

 

 I have given just a summary of whole happenings here but for a further understanding of whole nonsense ,you can read my blog   .. And guide me 

shriks........... (healyhcare)     11 February 2013

its u who shd decide what u want...
if you want continuation or prolongation of his proceedings file rcr sec 9 hma and deny his allegations in divorce then wait for few months,,,,

u obviously have to wait as the proceedings in courts take time.....

see wats their stand, think, analyse and then discuss with lci forum again.....

let some time pass maybe few months then the picture will automatically be more clear and vivid to u urself....

Nitin (Law)     11 February 2013

If the marriage was under force then also it can be dissolved.Please note this works if the Hindu marriage was only ceremonial and not yet registered.

Hindu ceremonial marriage can easily is dissolved under forced marriage.

Please search for the case of Mr Nagri and Ms Chapal for more details.


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