Monday, 24 January 2022

Grounds on which wife can be free from the cursed marriage life by suman shaw

 Grounds on which wife can be free from the cursed marriage life  

Grounds available to wife only 

  1. Bigamy: A wife may present a petition for the dissolution of marriage on the ground that if the husband has solemnised any marriage before the commencement of the Hindu Marriage Act, 1955 however, it is very essential that at that at the time of submission for petition of divorce the other wife should be alive. 

[Peter married someone in 1950, marriage solemnised with all rituals, in 1965 Peter married again and second wife had no knowledge of his first marriage, she discovers later, Peter is keeping her completely happy, but if the second wife wants the husband to be only hers and not have another wife, she (2nd wife) can file a divorce but the 1st wife should be alive while filing the divorce petition] 

  1. Rape, Sodomy and Bestiality: (rape here strictly means marital rape, sodomy is forceful anal sex with the wife, bestiality is to have unnatural sex like if a drunk man is aroused and has sex with a dog to fulfil his lust). A wife may present a petition for dissolution of marriage on the ground that since the solemnisation of marriage, the husband has been guilty of rape sodomy and bestiality. 

  2. Non resumption of co-habitation after the order of maintenance: If an order has been passed against the husband for giving maintenance to his wife under section 18 of the Hindu Adoption and Maintenance Act or under section 125 of Code or Criminal Procedure, and after the passing of such order, co-habitation between the parties has not been resumed for more than a year, divorce would be granted.

  3. Option of Puberty: The Wife may present a petition for the dissolution of marriage, by a decree of divorce on the ground that her marriage was solemnised before she attained the age of 15 years, and she repudiated the marriage after attaining that age, but before attaining the age of 18 years.

Talaq by Wife

  1. Talaq-i-tafweez (delegated divorce): He used to give in writing to someone that if you see my wife indulging into any malpractices then you can give her talaq on my behalf.

Ma’am: A husband may either himself or may delegate the power to the wife or to a third party in repudiating the marriage. Such delegation of power is called tafweez. Such an agreement maybe made either before or after the marriage. 

  1. Lian (false charges of Adultery): If a husband puts false allegations of adultery against the wife and such allegations are false, the wife can file a suit in the court of law for the dissolution of the marriage. The false charges will not automatically dissolve the marriage but it gives an opportunity to the wife to move the court and get the marriage dissolved. 

However, the Muslim Law permits a man to take back the charges that he has made, in which the husband must admit that he has put up a false allegation. But, he should take back these false charges before the end of trial. 

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