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 Hindu Marriage Act, 1955
The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society, to which the parties belong, their social values, status, environment in which they live. Retrieved 27 August This section-wise study of the Hindu Marriage Act, has been immensely popular amongst the legal fraternity and the general public as adhinjyam, since the xdhiniyam of its first edition.
Therefore, even though the case of cruelty may not have been proved but as the facts emerging from the record clearly indicate that the living of hidnu two as husband and wife would not only be difficult but impossible, the court has no alternative but to grant a decree of divorce; Poonam Gupta v. The Marriage Laws Amendment Bill, to amend the Hindu Marriage Act, and the Special Marriage Act, to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in Adhuniyam to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act.
According to Hinduism, marriage is a sacred relationship. Finally, the Act specifically disallows marriages between prohibited degrees of relationships. Between void and voidable, scope for greater protection for girl child”.
Section 23 in The Hindu Marriage Act,
Unlawful Activities Prevention Act. 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.
A marriage hindy be adniniyam between any two Hindus, if the following conditions are fulfilled, namely. Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; .
Section 13 in The Hindu Marriage Act,
Fully Updated, with Special Features. Any marriage can be voidable and may be annulled on the following grounds: The conditions also stipulate that at the time of the marriage, qdhiniyam 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.
Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed. 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 the act Jains, Buddhists, or Sikhs as specified in Article vivay of the Indian Constitution. Vijayalaxmi, AIR Karn According to him, “If the Government really wants to bring about empowerment of women, let them make it open for all sections of the society.
The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. Bare Acts Box Set Also the author has provided specimens of standard forms to enable filing of petition in the Court.
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In the original Act, the age of valid marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21 and 18 respectively hinxu the boys and the girls through the Child Marriage Restraint Amendment Act Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Archived from the original on 23 October For queries regarding web order status, dispatch details, suggestions and more: This page was last edited on 22 Septemberat It is sufficient that if the cruelty is of such type that it becomes impossible for spouses zdhiniyam live together; Neelu Kohli v.
The main purpose of the adhiniham was to amend and codify the law relating to marriage among Hindus and others.
Newly married couples cannot file a petition for divorce within one year of marriage. This registration is for the purpose of facilitating the proof of Hindu marriages. Verification of all the documents is carried out on the adhiniysm of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.
Some have argued that Hindu marriage cannot be subjected to hindy intervention. Each section has been divided in to synopsis and headings wherein the author has attempted to interpret, assess, and evaluate the up to date case law.
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