Matrimonial Remedies of Hindu Marriage Act

ABSTRACT

India is a secular country. It allows each citizen to be governed under personal law following their religious views. This is extended to all of the personal laws in the matter of marriage and divorce.

The Hindu Marriage Act was enforced by the parliament in 1995 to amend and to codify the marriage laws between Hindus and it was also enacted for regulating the solemnization of the marriage which includes all the conditions regarding the validity and invalidity of the marriage. Other aspects of personal life among Hinduism are also governed by the said Act. The applicability of such Act is wider in the prevailing Indian society.
The Hindu marriage act guides as to how to be in a systematic bond of marriage. The Act gives a proper definition of marriage. All the rights which are related to the bride, the groom, the children, and the family are covered and mentioned under the said Act so that none of the parties should suffer at the time of matrimonial disputes.

INTRODUCTION

The Indian laws were divided into two parts i.e., personal laws and territorial laws. In the personal laws, all the laws which are related to family affairs (divorce, marriage, succession, etc.) are involved and on the other hand, if we talk about the territorial laws, it covers all the laws which are prevailing in a country other than the personal laws.

Applicability of the marriage:-

According to Section 2 of the Hindu Marriage Act, except the state of Jammu and Kashmir, the Hindu Marriage Act applies to all Hindus (Buddhists, Jains, or Sikhs) who are permanently resident in India. The Act applies to both the types of Hindus- Hindus by birth or Hindus by conversion.

Conditions for marriage:-

According to Section 5 of the Hindu Marriage Act, all the conditions which are mentioned under the Act must be fulfilled for a valid marriage. If the conditions are not fulfilled then the marriage will not be considered as a valid marriage under the eyes of the law.

Remedies available in case of matrimonial disputes:-

Restitution of conjugal rights:-Section 9 of The Hindu Marriage Act talks on the restitution of conjugal rights. This simply means that when anyone spouse leaves the other spouse from the matrimonial society without giving any reasonable excuse then the deserted spouse can file a petition of restitution of conjugal rights in the district court. 

Case- Parbia vs. Thopalia [1] :-

In this case, the court said that the parties were not legally married or the marriage was not subsisting at the time of the petition, so the question of granting restitution of conjugal rights does not arise. 

1. Judicial separation:-

Section 10 of the Hindu Marriage Act 1995, talks about the judicial separation, and it simply means the suspension of the conjugal rights for a particular period i.e. one year.

Section 10(1) of the Hindu Marriage Act, 1995 says that whether the marriage of the party was solemnized before or after this Act, may present the decree of judicial separation on any ground which is specified under sub-section (1) of section 13, and in case of wife they can also file under any ground which is specified under sub-section (2) of section 13.

Case:- Shakuntala vs. Om Prakash [2] -

In this case, the court said that for filing the case of judicial separation or divorce there must be the entire gap of two years before preceding the date of the case.

1. Void marriage:-

Section 11 of the Act talks about the concept of a void marriage. According to the Act the marriage will be considered as void if the followings points are infringed:

1. "Neither party has a spouse living at the time of marriage" {sec. 5 (i)}

2. The parties are not Sapindas (Cousins) {sec 5 (ii)}

3. The parties are not within the prohibited relationship {sec. 5(iv)}

Case- Umashankar vs. Radhadevi [3] -

In this case, the court said that second wife can file a suit for a perpetual injunction restraining the husband from contracting a second marriage, under section 9 of C.P.C read with section 54 of the Specific Relief Act, 1963. 

1. Voidable marriage:-

Section 12 of the Act talks about the concept of a voidable marriage. Section 12(1) (b) says that "any marriage shall be voidable and may be annulled if the marriage is in contravention of the conditions specified in section 5 (ii) of the Act." 

Case- Shewanti vs. Babrao (AIR 1971) – 

In this court said that incapacity owing to congenital deformities to beget/conceive children would not amount to impotency. 

1. Divorce:-

Section 13 of the Act talks about divorce and the term divorce refers to the dissolution of marriage or ending the marriage permanently, and after the dissolution of the marriage the parties will become single and they will become free to marry again.

Grounds for Divorce:-

1. Cruelty 13(I) (a) – If the person mentally or physically tortures him or her for a continuous period.

2. Conversion to another religion 13(ii) - if the person id changing or converting into another religion.

3. Unsound mind Sec13 (iii) - if the person is not mentally stable.

4. Disease section 13(v) - if the person is suffering from an incurable disease.

5. Presumption of death – if the person is not heard from more than 7 years

6. Desertion Sec 13(i) (b) - if the person is deserted not less than 2 years.

7. Leprosy Sec 13(iv) - If the person is suffering from virulent and incurable leprosy.

CONCLUSION:

Hindu marriage is considered as a sacramental. According to Manu, "Husband and wife are united to each other not merely in this life but even after death in the other world also. The rule is that one is a maiden given in marriage. A true wife must preserve her chastity as much after as before her husband's death."

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By- Shobhana Aggarwal, student of 5th Year from Banasthali Vidyapeeth and currently pursuing B.COM LL.B.