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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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. Finally, the Act specifically disallows marriages between prohibited degrees of relationships.

Hindu Marriage Act (Hindi) – हिन&# – EBC Webstore

Your Cart Is Empty. 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. 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.

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.

Bare Acts Box Set By Sumeet Malik Rs. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. Transfer of Property Act, and Indian Easement Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Vijayalaxmi, AIR Karn The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.


E-commerce law Freedom of expression law. From Wikipedia, the free encyclopedia. Section 5 [2] of Hindu Marriage Act, states: A valuable addition to any library. 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: Beyond Tradition and Modernity.

Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v. This page was last edited on 22 Septemberat 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.

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.

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. Get the complete set of Supreme Court cases. In India there are religion-specific civil adjiniyam that separately govern adherents of certain other religions.

Adhiniyyam Range of Text Books. Recommended Bestsellers New Releases Bargains. According to Hinduism, marriage is a sacred relationship. Three other important acts were also enacted as part of the Hindu Code Bills during this time: Therefore there was fierce religious opposition to enacting such adbiniyam for marriage, succession and adoption.

The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party.

Retrieved 27 August There was widespread protest against the bill. Based on recommendations of the Law Commission, a legislation was proposed.

The Hindu Marriage Act, 1955

By using this site, you agree to the Terms of Use and Privacy Policy. Eastern Book Company Language: Archived from the original on 23 October Each section is divided into synopsis and headings wherein the author has vivab to interpret, assess, and evaluate the up to date case law.


Hridaya, a Kolkata-based NGO, demonstrated against the bill.

Views Read Edit View history. For queries regarding web order status, dispatch details, suggestions and more: It is only after the expiry adhniyam the six months that the couple can move second application for the dissolution of their marriage.

Your Book Shelf Is Empty. 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.

Intention to be cruel is not an essential element of cruelty as envisaged under section 13 qdhiniyam ia of the Act.

Reviews Write A Review. 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 registration is for the purpose of facilitating the proof of Hindu marriages. Also resisted was the principle of equal inheritance by sons and daughters regardless of adhiniyamm the daughter was married or unwed.

All rules made in this section may be laid before the state legislature. Divorce can be sought by husband or wife on certain grounds, including: This enactment brought uniformity of law for all sections of Hindus. Cruelty need not be physical. 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 44 of the Indian Constitution.