Date : 22 Aug, 2018
Post By Barbie Duggal
There is not a doubt left when it comes to Indian law being more converging towards a female section of the society. There are many provisions of the law which are whole solely available to just women.
This is done to uplift the deteriorating condition of women in our society; with this beneficial legislation, legislature and judiciary try to give this fragment an additional advantage to ensure security and prosperity.
ADULTERY: Under section 13 of Hindu marriage act, 1955 a man can file a petition seeking divorce on the ground that his spouse has committed adultery, that means she had a sexual relationship with another man after marriage.
For other religions seeking divorce on the ground of adultery can find relief under special marriage act of 1954.
CRUELTY: Hindu marriage act of 1955 also provides a ground for divorce to men who suffered acts of cruelty from their partners.
Cruelty would not just mean physical but also cover mental torments. SMA, 1954 also provides for cruelty as a ground for divorce.
DESERTION: Section 13, HMA where a spouse can file for a divorce if he/she is being abandoned by his partner for a period of at least 2 years.
Under SMA, 1954 which is a neutral legislation applicable to every religion gives a time period of 3 years’ desertion period preceding the date of application to seek divorce on the ground of desertion.
UNSOUNDNESS OF MIND OR VENEREAL DISEASE: Under SMA, 1954 were for immediately preceding 3 years before the filing of the petition the respondent was suffering from an incurable mental illness or suffering from a venereal disease which was not contracted from the petitioner.
NO PROOF OF LIVING: Where either of the partners has not heard of one for a period of 7 years or more by the people out of whom it is naturally expected to be heard of him is presumed dead and thus a valid ground for divorce.