Explain the grounds available to a Hindu wife alone for divorce? [ U.K.P.S.C. 2005 ]

Grounds available to wife only, S. 13(2), HMA, 1955:-

1)    Husband having more than one wife alive; marriage solemnised before commencement of the Act.

This ground had great significance when the Act came into force and sometime thereafter but now after 63 years this ground has only historical significance.

 

In Mandal Naganna vs. Lakshmi Bai, the Court observed that where the wife presents a petition u/s. 13(2) of the Act for divorce on the ground that her husband had married again and the fact was that he has divorced the second wife subsequent to the filing of the petition there was no ground for dismissing the petition.

 

2)   Guilty of rape or sodomy or bestiality: 

Rape:

A man is said to commit rape when except in certain cases he has sexual intercourse with a woman under any of the following situations:

(1)     Against her will

(2)     Without her consent

(3)     With her consent but it was obtained by putting her or any person in whom she is interested in fear of death or of hurt

(4)     With her consent where the man knew that he was not her husband

(5)     With or without her consent where she was under 16 years (S.375, IPC)

 

A sexual intercourse by a man with his own wife the wife not being 15 years of age is not rape. But, where a wife obtains a decree of judicial separation or an order for separate maintenance, her consent to martial intercourse is thereby revived and as such any act of sexual intercourse thereafter by the husband with the wife by force amounts to rape.

 

Sodomy:

It generally means unnatural sexual offence against man, woman or animal. A person who voluntarily has carnal intercourse against the order of nature with any man, woman or animal is punishable u/S. 377, IPC.

 

Bestiality:

It ordinarily means an act relating to a beast. Dictionary meaning of the word is a sexual relation between a human being and lower animal.

 

3)    Award of Maintenance:

Where in a suit u/s.18 of Hindu Adoptions and Maintenance Act or in a proceeding u/s.125 of CrPC, a decree or an order is passed against the husband awarding maintenance to thw wife and since then the parties have not cohabited for a period of one year or more, the wife is entitled to present a petition for divorce.

 

4)    Marriage with a girl below 15 years of age:

Where a marriage is solemnised with a girl before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years the wife will have the right to present a petition for divorce.

 

In Bathula Ilahi vs. Bathula Devamma, the wife had repudiated the marriage before attaining the age of 15 years because after living with her husband for sometime she realized that it would be difficult and dangerous to live with him anymore and she filed a petition before the court.

The court held that even though the petition has been presented after passing the age of 18 years, it would be allowed in the wake of reasonable explanation for the delay.

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