Page 124 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Sociology of Kinship

Notes 4. Both the parties should not fall into the restricted category, i.e., they should not oppose the
customs which control them.
5. Both the parties should not be of the same sib. Their marriage could be recognized, if their
customs allow such a marriage.
6. In case, the bride is less than 18 years of age, the consent of her guardians is mandatory. In
there absence too, such a marriage is recognized.

Void of Marriage
A marriage could be deemed void in the following cases:
1. At the time of marriage, one of the parties other spouse is alive and divorce has not been
obtained.
2. At the time of marriage, one of the party is impotent.
3. At the time of marriage, one of the party is mentally ill or stupid.
4. Within a year of marriage, it is proved that the applicants or his/her guardians’s obtained
by force or deception.
5. Within a year of marriage, it is proved that the woman was pregnant with another man and
the applicant was ignorant of it.

Judicial Separation

Under Section 10 of this act, the husband and wife could be allowed to stay separately on some
grounds. If they succeed in sorting out their differences during this period, they can re-establish
their marital relations.
Following are the grounds for judicial separation .

1. The applicant has been deserted (without showing an reason) by the other party, since two
years before the submission of the application.
2. The other party inflicts violence on the applicant.
3. The other party has been suffering from violence since one year before the submission of
the application.
4. The other party suffers from a sexually transmitted disease, which was not acquired
through contact with the applicant.
5. The other party has been suffering from mental illness, one year before the submission of
the application.
6. The other party had sexual intercourse with another person, after marriage.
If the husband-wife fail to review their relation, within two years after getting the permission for
judicial separation, they can apply for divorce, which may be accepted under section 13.

Divorce

Following are the grounds on which the court may grand divorce:
1. The other party indulges in infidelity.
2. The other party has converted to another religion, and is not longer a Hindu.
3. The other party is suffering from terminal disease since three years before the submission
of the application.
4. The other party has renounced the world.

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