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What Is The Purpose Of Section 20 Of Hindu Marriage Act?

  • Writer: leadindia831
    leadindia831
  • Jul 7, 2023
  • 3 min read

Hindu Marriage Act of 1955, Section 20

It states that:

  • Every petition filed pursuant to this Act shall set forth the facts supporting the claim for matrimonial relief in so far as the circumstances of the case permit and, with the exception of a petition filed pursuant to Section 11, shall also set forth the absence of any complicity between the complainant and the other party to the marriage.

  • Every petition filed pursuant to this Act must contain statements that the complainant or another qualified individual has verified in the manner prescribed by law for such verification of plaints, and such statements may be used as evidence during the hearing.

Matrimonial Reliefs under the Hindu Marriage Act

Restitution of Conjugal Rights

Under Section 9 of the Hindu Marriage Act, if one spouse withdraws from the other's company or separates from them without giving a valid reason, the other spouse may seek matrimonial relief in court.

The following three requirements must be proven:

  • The respondent's withdrawal from the petitioner's society (aggrieved party)

  • The withdrawal lacks any justifiable or legitimate justification.

  • The petition's claims must be true in the eyes of the court, which must be satisfied.

Judicial Separation

  • Section 10 of the Hindu Marriage Act makes provision for judicial separation. It serves as a last alternative before the legal dissolution of the marriage, i.e., divorce.

  • A husband or wife is not required to reside with their spouse once a legal separation decision has been granted.

  • A petition for a decree of judicial separation may be filed by the spouse who feels aggrieved by marriage on any of the grounds listed in Section 13 of the Hindu Marriage Act's provisions for divorce.

Void Marriages

Section 11 of the Hindu Marriage Act states that any marriage performed after the implementation of this Act is void and may be declared as such by order of nullity on a petition filed by either party against the other party if it violates any one of the requirements, such as bigamy, prohibited degrees of relationship, etc.


Voidable Marriages

Section 12 of the Hindu Marriage Act states that a marriage that any partner can terminate is referred to as a voidable marriage. Unless a petition to void the marriage is filed, it will be lawful. According to the Hindu Marriage Act of 1955, a competent court must declare this marriage null and void. The partners in such a marriage must determine whether they would like to continue with the union or declare it null and void.


Divorce

Section 13 of the Hindu Marriage Act states that divorce is a way of ending a marriage or marital union between two individuals. It is how matrimonial ties are broken in accordance with a country's legal system. The grounds for divorce are: Adultery, Cruelty, Conversion, Desertion, Mental disorder Venereal disease, etc.


Role of Lawyers

  • While a petition under Section 20 of the Hindu Marriage Act is being prepared, you must inform your lawyer of the following:

  • Time and location of the marriage

  • Whether or not the couple was Hindu at the time of their marriage

  • Whether the pair have remained Hindus up until the petition's filing date

  • The name, financial status, and residence of both husband and wife at the time of the filing of the petition and before their marriage got solemnized

  • The place where the couple last resided together, as well as the location in which they were living at the time the petition was being presented

  • The names, sex, and date of birth or ages of children from the marriage bond, if any

  • Complete information on any earlier disputes between the parties, if any, before the petition's filing date

  • The date and circumstances of the withdrawal of the opposite party must be stated in the petition for the restoration of conjugal rights if the opposite party has left the spouse

  • In the case of desertion, the petition must include the date and the circumstances surrounding the desertion's onset

  • If there was cruelty, the acts that were done and the place and time in which they occurred must be described in the petition

  • If a person has a mental illness, the kind of illness, when it first manifested itself, the length of time it took for treatment to be effective, etc.

You will need a lawyer to know the purpose and benefits of Section 20 of the Hindu Marriage Act. If you want to know more about the purpose of contents and verification of petitions in Ahmedabad, then Court Marriage in Ahmedabad can be hired.


If you want to know more about the purpose of contents and verification of petitions in Mumbai, then Court Marriage in Mumbai can be hired. Similarly, Court Marriage in Delhi can be hired if you want to know more about the purpose of contents and verification of petitions in Delhi.

At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online to lawyers at Lead India.


Call Us: +91–8800788535


 
 
 

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