When husband may Petition for dissolution
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Summary
Either spouse may petition the District Court or High Court to dissolve the marriage on specified grounds. A husband can seek dissolution for his wife's adultery. A wife can seek dissolution if the husband renounced Christianity and remarried, or on grounds such as incestuous adultery, bigamy with adultery, rape, sodomy, bestiality, adultery with cruelty amounting to a mensa et toro ground, or adultery plus desertion for two years. Petitions must state the facts clearly.
Example
Meera learns that her husband Rohan gave up Christianity and has gone through a marriage ceremony with another woman. Meera files a petition in the High Court asking that their marriage be dissolved on that ground. The petition must state the facts clearly; the court may grant dissolution if the claim is proved.
Bare Act
Enacted textAny husband may present a Petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
When wife may Petition for dissolution.- Any wife may present a Petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;
or has been guilty of incestuous adultery,
or of bigamy with adultery,
or of marriage with another woman with adultery, or of rape, sodomy or bestiality,
or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.
Contents of Petition.- Every such Petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.
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