Changes Made on Grounds Available to a Hindu Wife for Seeking Dissolution of Marriage by the Legislation of 1976

The Amending Act of 1976 has added the following grounds:

(a) At least one year old Decree or order for separate mainte­nance Petitioner had obtained a decree for separate maintenance under Sec. 18 of the Hindu Adoption and Maintenance Act, 1956 or an order for maintenance under the Criminal Procedure Code; the parties have not resumed cohabitation even after the expiry of one year from the date of such decree or order.

(b) The marriage was solemnized before she attained 15 years of age and she has repudiated it after attaining 15 and before attaining 18. It is immaterial whether the marriage was consummated or not. The option should be exercised before attaining the age of 18 years.

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(c) Cruelty on the part of the husband.

(d) Desertion by the husband.

(e) Mutual consent of husband and wife for divorce.

The amending Act of 1976 has modified some of the pre-existing grounds as follows:

(1) Husband’s infidelity Even a single instance of sexual infidelity is now sufficient.

(2) Husband suffering from unsoundness of mind or mental disorder. Mental disorder (not being unsoundness of mind) has been added as a ground by the Act of 1976. The requirement of the disability existing for three years preceding the petition has been omitted by the Amendment. Similarly as to leprosy and venereal disease the time limit has been dropped.

(3) Non-compliance with decree for restitution of conjugal rights for one year or more. Previously, the time-limit was two years. It has been reduced to one year.

(4) Non-resumption of cohabitation for one year or more after decree for judicial separation. The time-limit has been reduced from two years to one year.

These are the changes made by the legislation of 1976 in the law relating to divorce.