Sep 22, 2017
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Divorce wife: Grounds for divorce available only to wife

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‘Divorce wife’ article mainly focus on Grounds for divorces available only to Indian wives under various religious laws applicable to them accordingly.

Grounds for divorce available only to wife

‘Divorce wife’ articles talks about the wife’s rights with regard to Grounds of divorces. The wife’s right to divorce is discuss under various religious codified act they are as under:

  • The Hindu Marriage Act 1955,
  • The Dissolution of Muslim Marriage Act 1939
  • The Indian Divorce Amendment Act, 2001

Hindu divorce Wife’s rights under  the Hindu Marriage Act,1955

The wife can file a petition on the below grounds for divorce in India:

    • If the husband has indulged in rape, bestiality and sodomy.
    • If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
    • A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
    • If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Muslim divorce wife’s rights under the Dissolution of Muslim marriage act,1939

Talaaq-i-Tafweez:

    • Shia, as well as Sunni communities find this grounds of divorce popular.
    • Additionally,Talaaq-i-Tafweez also known as delegated divorce.
    • Especially Muslim husband is free to delegate his power of pronouncing divorce to his wife or any other person.

Delegation are of two types

  1. Absolutely or conditionally
  2. Temporarily or permanently
    • In this case, permanent delegation of power is revocable but temporary delegation of power is not revocable.

Lian:

    • Firstly, If the husband levys false charges of unchastity or adultery against his wife then the wife has got the right to ask for divorce on these grounds.
    • However,Where a wife hurts the feelings of her husband with her behavior and then he may hits back an allegation of infidelity against wife.
    • Wife cannot challenge the bad behavioral allegation made by her husband
    • False charge of adultery in this case is of no use.
    • Hence, Divorce under Lian not granted.

Christian divorce wife’s rights under dissolution of the Indian Divorce Amendment Act, 2001

    • Judicial power to get divorce available only to the wife in addition to other right in case of christian divorce.
      • Rape
      • Sodomy
      • Bestiality

 

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Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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