Page 208 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Sociology of Kinship

Notes Conditions of Marriage
Followings are the criteria for a man-woman marriage—
(i) At the time of marriage a man’s or woman’s other spouse should not be alive. (ii) At the
time of marriage, a man or woman should not be mentally unstable or stupid. (iii) At the time
of marriage, the groom should not be less than 18 years of age and the bride should not be less
than 15 years. But in May 1976, this Act was amended and the groom’s age was increased to
21 years and the bride’s age was increased to 18 years. (iv) Both the parties should not fall into
restricted category, i.e., they should not oppose the customs which control them. (v) Both the
parties should not be ‘Sa-pindi’. Their marriage can be recognized, if their traditions allow such
a marriage. (vi) In case, the bride is less than 18 years of age, the consent of her guardians is
mandatory. In the absence of guardians too, such a marriage is recognized.

Void of Marriage

A marriage may be deemed void in the following cases—
(i) At the time of marriage, the other spouse of one party is alive and divorce has not obtained.
(ii) One party is impotent at the time of marriage. (iii) At the time of marriage, one party is men-
tally unsound or stupid. (iv) Within a year of marriage, it is proved that the applicant’s or his/
her guardians consent was obtained by force or deception. (v) 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, on certain grounds, a husband and wife may be allowed to stay
separately. If they succeed in shorting out their differences during this period, they can re-
establish their marital relations.
Followings are the grounds for judicial separation:
(i) The applicant had been deserted by the other party without citing any reason since two years,
before the submission of the application. (ii) The other party subjects the applicant to violence.
(iii) The other party had been suffering from terminal disease, since one year before the submis-
sion of the application. (iv) The other party suffers from some sexually transmitted disease,
which was not acquired through contact with the applicant. (v) The other party has been men-
tally unsound since one year, before the submission of the application. (vi) The other party had
sexual intercourse with another person, after marriage.

If the husband-wife fail to revive their relations within two years, after getting
the permission for judicial separation, they may apply for divorce, which may
be accepted under section 13.

Divorce
Followings are the grounds on which the court may grant divorce—
(i) The other party engages in infidelity. (ii) The other party has converted to another religion,
and is no longer a Hindu. (iii) The other party has been suffering from a terminal disease, since
three years before the submission of the application. (iv) The other party has become an ascetice.
(v) No news about the other party being alive since the last seven years. (vi) The other party

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