What are the special grounds that are provided only to women under Hindu law
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Under Hindu law, there are several special grounds that are provided only to women, including:
1. Maintenance and Alimony: According to Hindu law, a husband has to provide maintenance and alimony to his wife after marriage, especially in case of separation or divorce.
2. Right to Stridhan: Under Hindu law, a woman has the right to inherit her Stridhan, which includes her own property, jewelry, and other assets received from her parents or husband’s family.
3. Right to Parental Property: In case of intestate succession, the daughter of a Hindu family has the same rights as a son to inherit her father’s property.
4. Right to Reside in the Matrimonial Home: A Hindu woman has a legal right to reside in her matrimonial home, which cannot be taken away by her husband or in-laws.
5. Right to Child Custody: In case of divorce, a Hindu woman has the right to child custody, especially in cases where the welfare of the child is at stake.
6. Protection against Dowry: Hindu law provides protection to women against dowry-related violence, harassment, and cruelty.
Under hindu law, divorce can be obtained through different legal provinces depending on the circumstances and the specific situation of the individual involved.
The hindu Marriage Act, 1955 governs the provisions related to divorce for hindus in India.
The different ways divorce can be sought under Hindu law:
1.) Mutual consent Divorce: section 13B of the Hindu Marriage Act provides for divorce by mutual consent both the parties must be agree. The couple needs to live separately for a specific period (usually for one year) before filling the petition. If the court is satisfied with the the genuineness of the consent and the separation period, it may grant a divorce decree.
2.) Divorce on ground of cruelty: section 13 (1)(ia)of the Hindu Marriage Act allows a spouse to seek divorce on the ground of cruelty .cruelty can be physically or mentally and it must be of such a nature that it makes living together intolerable the petitioner needs to prove the allegations of cruelty before the court, and if the court find them to be valid, it may Grand a divorce decree.
3.) Divorce on Grounds of adultery: Section 13 (1)(i) of the Hindu Marriage Act permit divorce on the ground of adultery. Adultery refers to voluntary sexual intercourse by a spouse with someone other than their spouse. The aggrieved party need to provide evidence of adultery to the court,and if it is satisfied, diverse maybe granted.
4.) Divorce on the ground of desertion: section 13 (1) (ib)of the Hindu Marriage Act allows divorce on the ground of desertion Desertion refers to when one spouse abandons the Other without any reasonable cause and without the consent or against the wish of the abandoned spouse. The deserted spouse can file for divorce after the desertion has lasted for a continuous period of not less than 2 years.
5.) Divorce divorce own Grounds of conversion section 13 (1) (ii)of the Hindu Marriage Act allows divorce when one spouse convert to another religion. the petitioner needs to prove that the other spouse has ceased to be a Hindu and converted to another religion. The court may grant divorce on this ground.
6.) Other grounds: Hindu law also recognised additional grounds for divorce such as mental disorder leprosy venereal disease renunciation of the world, and not heard of as being alive for a period of 7 years or more.
It’s important to note that divorce laws can vary in different countries.,and the specific procedures and grounds for divorce may differ .The information provide above relates to divorce under Hindu law in India