Divorce Under Section 13
Currently case is under mediation cell of high court due to appeal filed by husband in high court against interim maintenance order of maintenance passed by session court under sec 24 of hma mediation cell of high court suggesting judicial separation under sec 13a of hma with payment of one time lumpsum amount of alimony and with terms and conditions that there will be no future financial claim of wife from husband nor she.
Divorce under section 13. One of the grounds under s 13 1 ii is that the other party has ceased to be a hindu by conversion to another religion. Section 13 in the hindu marriage act 1955. Either party to the marriage whether solemnized before or after commencement of the hindu marriage act 1955 can under section 10 of the act file a petition for judicial separation on any one ground as prescribed in section 13 1 and in case of wife also on any of the grounds specified in section 13 2 of the act.
Divorce filed by husband on grounds of cruelty under sec 13 of hma. Section 13b of hindu marriage act 1955. These grounds are adultery cruelty desertion conversion insanity leprosy venereal disease renunciation and presumption of death.
It is prayed accordingly. Desertion means forsaking or abandonment of one spouse by the other without reasonable cause and against the wish of the other. Format of petition for decree of divorce under section 13 1 ia to get divorce when the petitioner was treated with cruelty by the respondent.
17 iii 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. Format of divorce petition under section 13b of hindu marriage act 1955 to get divorce. It is therefore prayed that a decree for divorce under section 13 of the hindu marriage act 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition.
A marriage solemnised whether before or after the commencement of the act can only be dissolved by a decree of divorce on any of the grounds enumerated in s 13 of the act. This petition can be filed if husband and wife are agree to get divorce. Section 13is the foundation section that clearly states the grounds of divorce.
Desertion desertion is one of the grounds of divorce under section 13 1 i b of the hindu marriage act 1955.