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So a complaint be lodged against the husband with the police. According to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age.
Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both. Divorce by mutual consent can be obtained by Husband and Wife in terms of Section 13 B of the Hindu Marriage Act, 1955.
But in case the petitioner’s case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year. Under Section 17 of the Hindu Marriage Act, bigamy is punishable u/s 494 & 495 of the Indian Penal Code.
Section 494 prescribes for imprisonment, which may extend to 7 years and fine.
Callous attitude in this behalf can amount to cruelty. Wife writing defamatory letters imputing adultery to husband, to his official superior, other authorities and colleagues, wife eroding the mental peace of husband by showing callous indifference to husband’s parents who were very unwelcome guests to her household. 25 (I) willful refusal of a respondent spouse to consummate the marriage is a ground for annulling the marriage at the instance of the petitioner. You can also file a divorce petition in a separate Matrimonial Court. You can file an application in the court for custody of her son on the basis of the ground that your husband is a drunkard. You can get your marriage registered under Special Marriage Act, in case none of you want to change your religion.
This is cruelty on the part of the wife and you can seek divorce on these grounds under the Hindu Marriage Act, if the marriage is performed according to Hindu rites. Marriage solemnized according to Hindu rites subsequently registered under the Special Marriage Act, would not confer upon a spouse the right to annual marriage under s. On no such ground a Hindu Marriage under the Hindu Marriage Act could be annulled although impotence at the time of marriage and its being continued till the institution of the proceeding was such a ground. And in case one of you change your religion then your marriage can be registered under your respective Marriage Acts. Under Section 14 of the Hindu Marriage Act 1955, no petition for divorce can be filed within one year of the marriage.
During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent.
In the course of the same fortunes and limitations of each other have to be shared.
Further, apart from the same, before passing a decree of divorce, the court has also to be satisfied that the consent has not been obtained by force, fraud or undue influence.
With regard to the re-marriage after divorce, Section 15 of the Hindu Marriage Act 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, the time has expired without an appeal having been presented or if the appeal filed has been dismissed, it shall be lawful for either party to marry again.
Constantly insulting the other spouse and humiliating him in presence of others does amount to cruelty.
Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances.