SUBJECT: PRIVATE INTERNATIONAL LAW

Project topic:
DIVORCE AND OTHER MATRIMONIAL RELIEFS

Submitted By
PRASUN VARDHAN
Roll no. 1352
5 Year, 9 Semester, B.A.LLB (Hons.)
RD th

Submitted to
Dr. P.P.RAO

Chanakya national Law University, Patna

NOVEMBER, 2019

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AIMSANDOBJECTIVES

The researcher aims and objectives is to research on the topic of divorce and other matrimonial
reliefs under Private International Law of India And England.

HYPOTHESIS
The researcher hypothesis that divorce and such other reliefs provided by the different countries
foreign court is different.

RESEARCH METHODOLOGY

The method of research will be doctrinal. The researcher will be approaching to project work by
taking help of following sources of information.

a) Books and (b) Internet sites

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 CHAPTER- I
INTRODUCTION

‘THE HINDU MARRIAGE ACT, 1955

The Hindu Marriage Act, 1955 came into force on May 18, 1955. It has amended and codified
the law relating to marriage among Hindus. It thus codified the various aspects of the Hindu
marriages and the legal issues arising out therein. The essential conditions of a valid Hindu
Marriage are stated in Sections 5 of the Act and the violation thereof is made punishable under
Sections 17 and 18 of the Act

DISPUTES AND PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955

(1) Restitution of Conjugal Rights

(2) Nullity of Marriage

(3) Judicial Separation

(4) Divorce

(5) Maintenance pendent lite and expenses for proceedings

(6) Permanent alimony and maintenance

(1) Restitution of Conjugal Rights

Section 9 of the Hindu Marriage Act, 1955 provides for restitution of conjugal rights. It states as
follows:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the
society of the other, the aggrieved party may apply, by petition to the District Court, for
restitution of conjugal rights and the Court, on being satisfied with the truth of the statements
made in such petition and that there is no legal ground why the application should not be granted,
may decree restitution of conjugal rights accordingly.

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Explanation: Where a question arises whether there has been a reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person who has
withdrawn from the society.”

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or

marital union. Divorce usually entails the canceling or reorganizing of the legal duties and
responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple
under the rule of law of the particular country or state. Divorce laws vary considerably around
the world,but in most countries divorce requires the sanction of a court or other authority in a
legal process, which may involve issues of distribution of property, child custody, alimony
(spousal support), child visitation / access, parenting time, child support, and division of debt. In
most countries, monogamy is required by law, so divorce allows each former partner to marry
another person.

Divorce is different from annulment, which declares the marriage null and void, with legal
separation or de jure separation (a legal process by which a married couple may formalize a de
facto separation while remaining legally married) or with de facto separation (a process where
the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or
lack of independence for one or both spouses to a personality clash.

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CHAPTERISATION:-
1:-INTRODUCTION
2:-CHAPTER- II:-TYPES AND GROUNDS FOR DIVORCE AND OTHER
MATRIMONIAL RELIEFS
3:-CHAPTER- III :-RELEVANT STATUTE AND PROVISIONS
4:-CHAPTER- IV:-CASE LAWS
5:-CONCLUSION AND SUGGESTION

BIBLIOGRAPHY

BOOKS

WEBSITES

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