Hindu Marriage Act Section 13A — Alternate relief in divorce proceedings

General

Summary

In a divorce case under this law, the court may decide to grant a judicial separation instead of a full divorce, if it thinks that is fair given the circumstances. This option is not available when the divorce petition is based on certain specific grounds—namely, those involving conversion, renunciation of the world, or ceasing to be a Hindu. The court makes this choice only when it believes it is just to do so.

Official Text

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii),

(vi) and

(vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. 1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976). 2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976). 3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976).