This section-wise study of the Hindu Marriage Act, has been immensely popular amongst the legal fraternity and the general public as well, since the. (a) any of the grounds for granting relief exists and the petitioner 47 [except in cases where the relief is sought by him on the ground specified in sub-clause (a), . (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved .
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The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into hinvu act Jains, Buddhists, or Sikhs as specified in Article 44 of the Indian Constitution. Section 5  of Hindu Marriage Act, states: Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Based on recommendations of the Law Commission, a legislation was proposed.
Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.
By Indrajeet Mehrotra Rs. But there may be occasions when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under Article in an irreconcilable situation between the couple. Your Book Shelf Is Empty. Sarita, AIR Raj Marriage of a female less than 18 years of age or a male of less than 21 years of age is voidable but not void: A valuable addition to any library.
When it has not been possible for the parties to live together and to discharge their marital obligations towards each other for more than one year, we see no reason to continue the agony of the parties for another two months.
Eastern Book Company Language: Derrett predicted in his later writings that despite some evidence of modernization, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation.
This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. From Wikipedia, the free encyclopedia. Your Cart Is Empty.
The Hindu Marriage Act, 1955
According to Hinduism, marriage is a sacred relationship. This section-wise study of the Hindu Marriage Act, has been immensely popular amongst the legal fraternity and the general public as well, since the publication of its first edition. By Avtar Singh Rs. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together; Neelu Kohli v.
Section B of the Hindu Marriage Act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void.
The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. As stated in Section 8 of the Act, the state government may make rules for the registration of Hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the Hindu Marriage Register.
Provided that in either case the other wife is alive at the time of the presentation of the petition; or. Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. Section 2  of the Hindu Marriage Act, says:. This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i.
Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v. E-commerce law Freedom of expression law. Buddhist, Jains or Sikh and, in fact, applies to all such persons domiciled in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act under any custom or usage.
This enactment brought uniformity of law for all sections of Hindus. About Us Contact Us.
Section 13 in The Hindu Marriage Act,
Finally, the Act specifically disallows marriages between prohibited degrees of relationships. Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.
Cruelty need not be physical. The Supreme Court of India exercised its powers under Article of the Constitution of India and ruled in August that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, Marriage Laws Amendment Bill, makes similar amendments to the Special Marriage Act, adhinoyam replacing the words “not earlier than six months” in Section 28 with the words “Upon receipt of a civah and provides restriction on decree for divorce affecting children born out of wedlock.
Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same adhiniyak day by the registrar of marriage appointed by the Govt.
Reviews Write A Review. In India there are religion-specific civil codes that separately govern adherents of certain other religions. Between void and voidable, scope for greater protection for girl child”.