DR. AMBEDKAR AND THE HINDU CODE BILL 85
presented within three years after the solemnization of the marriage, or in the ease of a marriage solemnized before the commencement of
this Code, within two years of such commencement; or
(iii) in the case of a voidable marriage, whether solemnized before or after the commencement of this Code, on the ground that the consent of the petitioner or where the consent of his or her guardian is requisite,
the consent of such guardian was obtained by force or fraud, unless the petition for dissolution is presented within one year alter the force had ceased to operate or the fraud had been discovered:
Provided that the Court shall dismiss such petition if—
(a) in the case of a voidable marriage solemnized before the
commencement of this Code the force had ceased to operate or the fraud had been discovered before such commencement and the petition for dissolution is presented more than one year after the commencement
of this Code; or
(b) the petitioner has, with his or her free consent, lived with the other party to the marriage as husband and wife after the force had ceased to operate or the fraud had been discovered, as the case may be.
(34)
30. Other grounds for dissolution of marriage.— Part IV sect’s 29 & A marriage, whether solemnized before or after the
30, page 2. commence ment of this Code, may be dissolved on any of the following grounds, namely, that—
(i) either party to the marriage was impotent at the time of the
marriage and continued to be so until the institution of the proceeding;
(ii) the husband is keeping a woman as a concubine or the wife has become the concubine of any other man or leads the life of a prostitute;
(iii) either party to the marriage has ceased to be a Hindu by conversion to another religion;
(iv) either party is incurably of unsound mind and has been
continuously under treatment for a period of not less than five years preceding the petition; and
(v) either party is suffering from a virulent and incurable form of leprosy.
38 Further grounds for dissolution.— Either party (New)
to a marriage whether solemnized before or after the commencement of this Code, may present a petition to the District Court prayin’g that his or her marriage may
be dissolved on the ground that the other party—
(a) has not resumed marital intercourse for a period of two years or upwards after a decree or order for judicial separation had been passed against the respondent; or
(b) that the respondent has failed to comply with a decree for
restitution of conjugal rights for a period of two years or upwards.
(35)