Indian marriage

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Cruelty as Ground for Divorce in Indian Marriages

Under law statutes for Indian marriages, a spouse can file for divorce on the ground of cruelty by the other spouse. It must be noted that the concept of cruelty has not been rightly defined as per the existing laws. However, today, cruelty is not interpreted in the same manner as it was some decades ago.

For instance,

  • Under the old English law, a husband could resort to beating the wife so as to correct her as stated by Blackstone.
  • According to Manu, who is believed to be the Hindu law giver, a husband should only beat his wife using a split bamboo or a rope to ensure that her bones remain intact in the process.

Getting annulment in an Indian Marriage

Getting an annulment based on Impotency

Under English law, either a husband or wife can sue for a decree of nullity of the marriage on the ground of impotency. In India, a petition for getting an annulment can be filed only by the non-impotent spouse. Example: If Tom and Mary are married and Mary is impotent, the marriage annulment as per Indian matrimonial laws require Tom to file a petition. Under English law, either Tom or Mary can file a petition for annulment of marriage.