It is often stated as a mean to exploit the husband by asking alimony for life. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody. Legal provisions of section 23 of the hindu marriage act. Short title and extent 1 this act may be called the hindu marriage act, 1955. If the couple got married in traditional hindu manner and had lived a considerable part of their matrimonial life in india. The punishment for marrying again during the life time of a husband or wife is seven 07 years simple imprisonment. Hindu marriage act, 1955 has reformed hindu law of marriage. Hindu marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the hindu marriage act, 1955, which came into force on 18th may, 1955. Hindu marriage act, 1955 and the hindu adoption and maintenance act, 1956 contained provisions which therein are required to discuss or to know the legislation position of wife under these acts. Petition for divorce under section b hindu marriage act 1955. Petition for dissolution of marriage by a decree of divorce by mutual consent under section b 1 of the hindu marriage act, 1955 no. A divorced person can marry again subject to the conditions under section 15 of the hindu marriage act 1955. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent.
The hindu marriage act is applicable in cases where both husband and wife are hindus, buddhists, jains or sikhs or where they have converted into any of these religions. The hindu marriage act is an act of the parliament of india enacted in 1955. Social and legal aspects of marriage in women with mental illness in. The basic modification we introduced is that we have made all of. Section 1 any marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a. Application form for hindu marriage registration, used in india. A contested divorce is provided in section of the hindu marriage act, 1955. The hindu marriage act, 1955 provides various provision regarding divorce.
He also throws light upon the need for uniform civil code in matters relating to divorce. This section was inserted under the amendment act of 1976. The following proceedings under the act shall be entitled by original petitions. Present position the hindu marriage act, 1955, provides a definition of sapinda relationship. Maintenance under section 24 of the hindu marriage act. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself. Marriage act, 1955, of india, or any enactment substituted for that. Hindu marriage act 1955 section 16 legitimacy of children. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955.
Sep 09, 2016 there is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbanda s taking second wife, can apply for and obtain an injunction restraining him from doing so. The governing of all marriages of the hindu religion in india is done under the hindu marriage act 1955 a free powerpoint ppt presentation displayed as a flash slide show on. Maintenance to wife is a very complicated issue under hindu marriage act. Hindu marriage act, 1955 with pdf download updated 2019. Custody of children after divorce in india section 26 of. Here we have also given some reference books and related books pdf. Notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28. Pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. The governing of all marriages of the hindu religion in india is done under the hindu marriage act 1955. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Every aspect of a marriage including husband, wife, marriage, commitment, sex and child rearing are covered under this act.
The special marriage act was passed in 1954 and the hindu marriage act, 1955. The hindu marriage act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in section 1 on which either the husband or wife could sue for divorce, and two fault grounds in section 2 on which wife alone could seek the divorce. Earlier weve provided the list of sections in the hindu marriage act 1955. Ground for divorce under the hindu marriage act 1955. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. Under the hindu marriage act, marriages have been classified into three types, namely, void, voidable and valid marriages. Section 24, and section 25 of the hindu marriage act, 1955, and section 18 of the hindu adoption and. Grounds for divorce under the hindu marriage act futurescopes. Ms wordlike content editing experience thanks to a rich set of formatting tools, dropdowns, dialogs, system modules and builtin spellcheck.
The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. What the section provides for is that the party needs to have deserted the. As part of the hindu code bill, the hindu marriage act was enacted by parliament in 1955 to amend and to codify marriage law between hindus. She cannot do so under section 11 or 17 or any other provision of the act. Section 1 any marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party. Petition for divorce under section b hindu marriage act.
In this act, unless the context otherwise requires,a the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among. The punishment for the matrimonial offences is as follows. Divorce by mutual consent hindu marriage act 1955 srd law. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. Grounds for divorce under the hindu marriage act, 1955. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. In this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu marriage act and after the discussion i have to discuss about the difference between. The hindu marriage act 1955 indian bare acts india bare act.
Under the hindu marriage act, 1955 any marriage between two hindus is void if at the date of such marriage either party had a husband or wife living. Special discussion on hindu marriage act and divorce. Custody of children after divorce in india section 26 of hindu marriage act, 1955 article shared by under section 26 of the act, the court has been empowered to pass any order or make any arrangement in respect of custody, maintenance and education of children during the pendency of the proceedings or after any decree is passed under the. The hindu marriage contemplated by the act hardly remains sacramental. Contested divorce under hindu marriage act, 1955 legistify. Divorce under hindu marriage act under the old hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down the provision of divorce has been dealt with under the hindu marriage act, 1955 as being a true blue method whereby both the parties to the marriage, decide to.
Section in the hindu marriage act, 1955 indian kanoon. A marriage between the parties one of whom at least is a citizen of india, under which the nri marriage commonly comes, will be solemnized under the following laws. Be it enacted by parliament in the sixth year of the republic of india as follows. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Hm act divorce and grounds of divorce under section of. Registration of hindu marriage in india the hindu marriage.
Usb2 of the hindu marriage act, 1955 mutual consent divorce petition first motion under indian divorce act, 1869. Grounds of divorce for nris under hindu marriage act, 1955. The hindu marriage act, 1955 act 25 of 1955 18th may, 1955 an act to amend and codify the law relating to marriage among hindus. Three other important acts were also enacted as part of the hindu code bills during.
It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Section 5 of the act of 1955 prescribes conditions for a valid hindu marriage. There are some grounds given in section on which any spouses can come to the court for getting a divorce decree. Srivastava, judge, delhi high court under the hindu marriage act, 1955, as enacted originally, though cruel was one of the grounds for obtaining judicial separation but it was not a ground for obtaining divorce. Void and voidable marriage under hindu marriage act 1955 duration. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings. Hindu marriage act, 1955, section 1i describe adultery as a ground of divorce but does not describe what is adultery. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i.
Under hindu marriage act where in any proceeding under this act it appears to the court that either the wife or the husband has no independent income sufficient for her or his support, court may order for payment of monthly maintenance to the petitioner by the respondent. The relief under section 9 is subject to fulfillment of the following conditions. According to section of the said act either the parties husband or wife to the marriage can file a petition in the court for the dissolution of marriage. Section 15 of the hindu marriage act 1955 divorced persons.
Allahabad high court hindu marriage and divorce rules, 1956 no. Desertion as a ground for divorce a crticial study radhika bhakoo1 introduction. Part1 short title,extent and application of hindu marriage act, 1955. What is the nature of sapinda relationship under hindu. Grounds for divorce under hindu marriage act 1955 and.
As per hindu marriage act, 1955 a marriage is declared void on any of the following grounds. Section 4 deals with the bars to relief which we have substantially copied in section 23, the hindu merriage act, and in section 34, the special marriage act. Hindu marriage act 1955,ke anusar divorce ke adharground for. In india, the fault theory works in the matter of the divorce. Hindu marriage act 1955 section divorce judgments. Llb notes family law 1 hindu law family law hindu law naik. Application form for registration of marriage under. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. Void and voidable marriage under hindu marriage act, 1955.
Understanding the concept of marriage under hindu marriage. Hm act divorce and grounds of divorce under section of the. In this case, estranged spouses can mutually agree to a settlement and file for a nofault divorce under section b of the hindu marriage act 1955. The hindu marriage act defines divorce as a dissolution of marriage. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely i neither party has a spouse living at the time of marriage. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. Of course many relations who are sapindas under vijnarteswaras theory would also be sapindas according to this theory. The updating and uploading of rules, regulations, notifications, etc.
Mutual consent divorce petition second motion under indian divorce act, 1869. Ppt hindu marriage act, 1955 powerpoint presentation. These rules may be called the hindu marriage and divorce rules. Hindu marriage act, 1955 wikisource, the free online library. The institution of marriage in hindus is regulated by the prevailing social norms and the hindu marriage act hma, 1955. This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any. Today in this article, we are providing the introduction, definition, purpose, applicability of the hindu marriage act 1955. People who are searching for hindu marriage act 1955 book pdf can find here. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. The hindu marriage act 1955 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the hindu marriage act 1955 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled. The hindu marriage act by an act of the parliament of india enacted in 1955. Jun 29, 2016 divorce by mutual consent is addressed under s.
The document is an act to amend and codify the law relating to marriage among hindus. Mar 01, 2017 the relief under section 9 is subject to fulfillment of the following conditions. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. However, a petition cannot be filed within one year of the marriage. Summary of hindu marriage act, 1955 your article library. Any spouse cannot come to court for divorce decree by citing any reason which they think are good enough to legally separate them from their partner. Download beautiful, colourful hindu marriage act pdf. For this section to apply there are certain requirements which have to be met and fulfilled by both the parties to the divorce which can be stated as follows. Divorce by mutual consent section b section b of the hindu marriage act 1955 deals with the divorce by mutual consent. There are no rigid rules or laws of universal applications, which have to be adhered to while disposing of an application filed under section 24 of the act of 1955. This clause applies whether the marriage was solemnized before or after the commencement of the marriage law amendment act, 1976 68 of 1976. Section of the hindu marriage act, 1955 divorce and grounds of divorce. It is a landmark in the history of social legislation. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form.
Please click on the below links for more information. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. An act to amend and codify the law relating to marriage among hindus. Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago admin registration forms. The hindu marriage act 1955 introduction, definition. But the two theories diverge as to who is a nearer sapinda and so lead to contrary conclusions particularly in the law of inheritance. Divorce means the dissolution of marriage by a competent court. Three other important acts were also enacted as part of the hindu code bills during this time. The contents of section 231 c in the hindu marriage act, 1955 although purports to put an embargo upon divorce by collusion, yet it cannot be considered as a bar to the courts jurisdiction under section b of the act or under order 23 rule 3 of the c.
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