📘 Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

💠 HINDU MARRIAGE ACT EXPLAINED

The Hindu Marriage Act is an important component of most Judicial Service exams in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and other Judicial Service exams.
To help such aspirants, DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this important part of their syllabus:

📜 HINDU MARRIAGE ACT : SECTIONS 10 – 13(1A)

📘 TOPICS:

• Judicial Separation
• Void Marriages
• Voidable Marriages
• Grounds of Divorce
• Other grounds of divorce
• Petitioner is not in any way taking advantage of his or her own wrong

⚖️ Supreme Court Judgments Mentioned:

📖 Judicial Separation — Section 10

• Either party may apply for a decree of judicial separation on any of the grounds in Section 13(1) and Section 13(2) (in case of wife).
• Petitioner need not cohabit with the respondent during judicial separation.
• The court may rescind the decree subsequently.

📜 Void Marriages — Section 11

• Any marriage solemnised under this Act shall be null and void if it contravenes conditions (i), (iv) or (v) of Section 5.
• The court may declare it null and void by a decree of nullity on a petition by either party.

📌 Voidable Marriages — Section 12 (1)

• A marriage, whether solemnized before or after this Act, shall be voidable and may be annulled by a decree of nullity on the following grounds:
• Respondent was impotent at the time of marriage and continued to be so till petition
• Marriage contravened condition (ii) of Section 5
• Consent of petitioner was obtained by force or fraud
• Respondent was pregnant by a person other than the petitioner at the time of marriage

📌 Further Conditions — Section 12 (2)

• Clause (c) petitions: Presented within one year of discovery of force/fraud; petitioner has not lived with other party with full consent after discovery.
• Clause (d) petitions: Petitioner ignorant of pregnancy, petition filed within one year, marital intercourse has not occurred since discovery of pregnancy.

💔 Divorce — Section 13 (1)

• Dissolution of marriage by a decree of divorce on petition by either husband or wife on grounds:
• Voluntary sexual intercourse by other party with a person other than spouse after marriage
• Cruelty by the other party after marriage
• Desertion for continuous period of 2 years
• Other party ceased to be a Hindu
• Other party incurably of unsound mind or suffering from mental disorder
• Virulent and incurable form of leprosy
• Communicable venereal disease
• Renounced world by entering religious order
• Other party not heard of being alive for seven years or more

📌 Other Grounds of Divorce — Section 13 (1A)

• No resumption of cohabitation for 1 year or more after decree for judicial separation
• No restitution of conjugal rights for 1 year or more after decree for restitution

On her application under Section 9, the respondent was granted a decree for restitution of conjugal rights in Aug 1973. Two years later, she presented a petition under Sec. 13(1A)(ii) for divorce. Her husband admitted there was no restitution but claimed he attempted compliance via letters, which she refused. The court granted the decree of divorce.

Section 13 before 1964 amendment allowed only the spouse who obtained the decree for restitution to apply for divorce. The expression “petitioner is not taking advantage of his or her own wrong” (Sec. 23(1)(a)) does not prevent the right to dissolution following a failure to comply with a decree.

📍 Delhi Law Academy – Jaipur Branch
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