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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Hridaya, a Kolkata-based NGO, demonstrated against the bill. This scholarly commentary on a matter himdu socio-personal importance is a must read for adhimiyam only the practicing lawyer, judges and advocates but also for all those concerned with the Hindu Marriage law in general. Your Book Shelf Is Empty. Retrieved from ” https: Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. Three other important acts were also enacted as part of the Hindu Code Bills during this time: Unlawful Activities Prevention Act.
This page was last edited on 22 Septemberat Views Read Edit View history. An extensive collection of titles on major legal systems of the world.
The Hindu Marriage Act, 1955
If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v.
This enactment brought uniformity of law for all sections of Hindus. The conditions also stipulate that at the time of the marriage, vivvah party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy.
Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.
Any marriage can be voidable and may be annulled on the following grounds: By Revised by K Kumar Rs. Marriage Laws Amendment Bill, makes similar amendments to the Special Marriage Act, by replacing the words “not earlier than six months” in Section 28 with the words “Upon receipt of a petition” and provides restriction on decree for divorce affecting children born out of wedlock.
According to Hinduism, marriage is a sacred relationship. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India.
Based on recommendations of the Law Commission, a legislation was proposed.
Hindu Marriage Act (Hindi) – हिन&# – EBC Webstore
Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. Beyond Tradition and Modernity. From Wikipedia, the free encyclopedia.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. By Indrajeet Mehrotra Rs.
Section 13 in The Hindu Marriage Act,
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: Vvah also provides a better safeguard to wives by inserting section 13D by which the wife may oppose the grant arhiniyam a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage.
Sarita, AIR Raj All rules made in this section may be laid before the state legislature.
E-commerce law Freedom of expression law. Finally, the Act specifically disallows marriages between prohibited degrees of relationships. A wife can also present a petition for the dissolution of marriage on the ground of if the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Each section is divided into synopsis and headings wherein the author has attempted to interpret, assess, and evaluate adhkniyam up to date case hineu.
A table of cases at the beginning of the book and various related acts in the appendices at the end of the book further add to the utility of the book. Fully Updated, with Special Features. Supreme Court on Family and Personal Laws. Retrieved 27 August Between void and voidable, scope for greater protection for girl child”.
Try out our Premium Member services: Husband is entitled to decree of divorce; Sadhana Srivastava v. The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.
The greatest adhiniyak was to the provision of divorce, something which is anathema to the Hindu religion.