Hindu Marriage Act - Nullity of Marriage and Divorce

Nullity of Marriage and Divorce

Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been consummated due to impotency, contravention of the valid consent mental illness condition specified in Section 5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioner. Divorce can be sought by husband or wife on certain grounds, including: adultery, cruelty, continuous period of desertion for two or more years, conversion to a religion other than Hindu, mental abnormality, venereal disease, and leprosy. A wife can also present a petition for the dissolution of marriage on the ground of if the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Despite the fact that marriage is held to be divine, the act does permit one spouse to separate if he/she is unhappy, if he/she can prove or identify the circumstances that have made the union untenable. Newly married couples cannot file a petition for divorce within one year of marriage.