Hindu Marriage Act 1955

All major religions have their own laws which govern marriage and divorce within their own community for which separate regulations exist regarding divorce in interfaith marriages. Hindus, including Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act, 1955. For the applicability of the act, the Hindu Marriage shall be a marriage between two Hindus that means they shall be "Hindus" to which the provisions of "Hindu Marriage Act" applies. Like for eg. if a persons wife, a buddhist, she can be taken as a Hindu for the purpose of applicability of this Act, as contained in Section 2 (1) (b) if she is able to satisfy the application clause as contained in Section 1 (2) (b) of the Act.

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Cohabitation Separate living due to employment Separate living by agreement Entitlement of wife to live separately Unreasonable cause and excuse Burden of proof Desertion - meaning of Temporary withdrawal Temporary or permanent estrangement Proof of marriage Alleged forced marriage Denial of marriage by the wife Void marriage and restitution Conduct of the parties after withdrawal from society Objection to the application for restitution Impotency of the husband Valid grounds to resist relief of restitution Grounds which can not be raised as a defence Grant of relief during pendency of the suit Decision as to matrimonial home Customary Marriage Wife can not be prevented from going to her husband Alternative prayer for divorce on the ground of cruelty Suit filed before the enforcement of the Act Withdrawal of petition seeking restitution - Effect Liberty to bring fresh suit or petition	Reliving of the obligation to cohabit Party guilty of disrupting the home Agreement likely to affect the relationship of husband and wife Judicial seperation on the ground of cruelty Judicial separation on the ground of adultery Establishment of the accusation of adultery Stray act of adultery by wife Wife leading life of promiscuous adultery Judicial seperation on the ground of unsoundness of mind Factor for ascertainment of mental agony Suffering of husband from venereal disease Grant of decree for judicial separation Ex-party decree for judicial separation Effect of decree for judicial separation Order for judicial seperation - Nature of Decree for judicial separation is a step - in- aid for getting decree of divorce Rescission of order for judicial separation Joint approach by both parties for rescission Refusal to grant decree of judicial separation Invalid decree for judicial separation Void marriage cannot be validated Essential feature of a Hindu marriage Long cohabitation raises presumption of marriage Effect of void marriage
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