Grounds of divorce
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The document discusses grounds for divorce under Indian law, including cruelty, adultery, desertion, and irretrievable breakdown of marriage. It also covers the Hindu Adoptions and Maintenance Act of 1956, which governs adoptions and maintenance for Hindus, Buddhists, Jains, and Sikhs in India. The key aspects are who can adopt under the Act, such as unmarried children under 16, as well as provisions for maintenance of wives, children, and parents.
![APPLICATIONS
• a Hindu by religion in any of its forms or development;
• a Buddhist, Jain or Sikh;
• a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains
or Sikhs;
• a child legitimate or illegitimate one of whose parents are
Hindus, Buddhists, Jains or Sikhs and has been so brought up;
• an abandoned child, legitimate or illegitimate of unknown parentage
brought up as a Hindu, Buddhist, etc.; and
• a convert to the Hindu, Buddhist, Jain or Sikh religion.
• Persons who are Muslims, Christians, Parsis or Jews are excluded from this
definition.
• The Act does not also apply to adoptions that took place prior to the date of
enactment. However, it does apply to any marriage that has taken place
before or after the Act had come into force. Moreover, if the wife is not a
Hindu then the husband is not bound to provide maintenance for her under
this Act under modern Hindu Law.[1]](https://image.slidesharecdn.com/groundsofdivorce-131115052300-phpapp01/85/Grounds-of-divorce-5-320.jpg)
Grounds of divorce
- 1. Grounds of divorce Cruel and inhuman treatment constitute as grounds for divorce. In a proper defense, acceptable differences enable the defendant to have the ability to arrange grounds for divorce. Some examples for grounds for divorce are: •Adultery •Drunkenness •Physical incapacity •Desertion •Imprisonment •Cruel treatment
- 2. No fault divorce • Irretrievable breakdown • State acceptance • Shift of acceptance No fault divorce • • • • • Adultery Cruelty Abandoment Mental illness Criminal conviction
- 3. Other grounds • • • • Cultural,religional and disease Substance abuse Financial banking Sexual issue
- 4. Hindu Adoptions and Maintenance Act (1956) The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956).
- 5. APPLICATIONS • a Hindu by religion in any of its forms or development; • a Buddhist, Jain or Sikh; • a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs; • a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up; • an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and • a convert to the Hindu, Buddhist, Jain or Sikh religion. • Persons who are Muslims, Christians, Parsis or Jews are excluded from this definition. • The Act does not also apply to adoptions that took place prior to the date of enactment. However, it does apply to any marriage that has taken place before or after the Act had come into force. Moreover, if the wife is not a Hindu then the husband is not bound to provide maintenance for her under this Act under modern Hindu Law.[1]
- 6. Adoptions Who can Adopt? The adopted child can be either male or female. The adopted child must be fall under the Hindu category. The adoptee needs also to be unmarried; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married. The child cannot be the age of sixteen or older, unless again it is custom or the usage is applicable to the involved parties. An adoption can only occur if there is not a child of the same sex of the adopted child still residing in the home. In particular, if a son were to be adopted then the adoptive father or mother must not have a legitimate or adopted son still living in the house.
- 7. Maintenance • Maintenance of a Wife • Maintenance of a Child or of Aged Parent • Amount of Maintenance Provided Conclusion: This where the details about grounds of divorce and Hindu adoption and maintenance.