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Section 13 (1) (VII) of the Hindu Marriage Act

By Smt. R. Rupmathi

Published In

Air 1983

An interesting question that arises under the Hindu Marriage Act is whether a spouse should take a decree of divorce before he or she undergoes another marriage when the other spouse is not heard of as being alive for a period of seven years or more by those who would have naturally heard of him or her if he or she had been alive. The Hindu Marriage Act of 1955 has made fundamental and far-reaching changes in the religious character of the marriages among Hindus. The Act is based mainly upon the practice and procedure then obtaining in the Divorce Courts in England. Under Section 13 (1) (vii) of the Hindu Marriage Act, a spouse can seek a decree of divorce on the ground that the other spouse has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive. The spouse who seeks a decree of divorce is one of the persons who would naturally have heard of about the other spouse. Let ....

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