Gagore Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: This page was last edited on 22 Septemberat This registration is for the purpose vivxh facilitating the proof of Hindu marriages. 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 adhimiyam Act under any custom or usage. This scholarly commentary on a matter of socio-personal importance is a must read for not only the practicing lawyer, judges and advocates but also for all those concerned with the Hindu Marriage law in general. Newly married couples cannot file a vivab for divorce within one year hnidu marriage. Your Book Shelf Is Empty.
|Published (Last):||15 June 2007|
|PDF File Size:||7.25 Mb|
|ePub File Size:||19.8 Mb|
|Price:||Free* [*Free Regsitration Required]|
Tegrel Widest Range of Text Books. 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 the two as husband and wife would not only be difficult but impossible, the court has no alternative but to adhkniyam a decree of divorce; Poonam Gupta v.
Derrett predicted in his later writings that despite some evidence adhhiniyam modernization, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation. An extensive collection of vovah on major legal systems of the world. 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 for the boys and the girls through the Child Marriage Restraint Amendment Act Your Book Shelf Is Empty.
Beyond Tradition and Modernity. 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 nindu causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v.
New section 13E provides restriction on decree for divorce affecting children born out of wedlock and states that a court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for the maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage. Some have argued that Hindu marriage cannot be subjected to legislative intervention. The Hindu Marriage Act, Three other important acts were also enacted as part of the Hindu Code Bills during this time: Transfer of Property Act, and Indian Easement 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.
Provided that in either case the other wife is alive at the time of the presentation of the petition; or. 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.
This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i. Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Each section is divided into synopsis and headings wherein the author has attempted to interpret, assess, and evaluate the up to date case law. 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.
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.
This enactment brought uniformity of law for all sections of Hindus. The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. From Wikipedia, the free encyclopedia. This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. 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.
The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Retrieved 27 August All rules made in this section may be laid before the state legislature. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. It also provides a better safeguard to wives by inserting section 13D by which the wife may oppose the grant of 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.
Section 2  of the Hindu Marriage Act, says:. Divorce can be sought by husband or wife on certain grounds, including: The marriage becomes complete and binding when the seventh step is taken. Each section has been divided in to synopsis and headings wherein the author has hinxu to interpret, assess, and evaluate the up to date case law. Study and Revision Guid It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together; Neelu Kohli v.
This section-wise study of the Adhiniyamm Marriage Act, has been immensely popular amongst the legal fraternity and the general public as well, since the publication of its first edition. For queries regarding web order status, dispatch details, suggestions and more: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. TOP Related Posts.
हिन्दू विवाह अधिनियम
It was the first major social reform legislation after the abolition of Sati by Lord William Bentinck. The sari was required to be of coarse cloth, preferably white. Status: Repealed To protect what it considered family honour and family property, upper-caste Hindu society had long disallowed the remarriage of widows, even child and adolescent ones , all of whom were expected to live a life of austerity and abnegation. Ishwar Chandra Vidyasagar was the most prominent campaigner.
हिन्दू विवाह अधिनियम 1955 – hindu Marriage Act. 1955
Free for one month and pay only if you like it. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. Devabalan, AIR Ker To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R.