Hindu marriage act 1955 section 12 judgments legalcrystal. The marriage laws amendment act, 1976 siff for mens rights. The government has also decided to amend section 39 of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. Section 21a in the hindu marriage act, 1955 indian kanoon. The updating and uploading of rules, regulations, notifications, etc. Chapter iv consequences of marriage under this act.
Short title and extent 1 this act may be called the hindu marriage act, 1955. Hindu marriage act, 1955 updated 2019 an act to amend and codify the law relating to marriage among hindus. Marriage and divorce law reforms eastern book company. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Section 3 of prohibition of child marriage act, 2006 provides as under. What are the main changes introduced in the hindu marriage. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to all hindus. The hindu marriage act is an act of the parliament of india enacted in 1955. 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. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Section 1ib of the hindu marriage act, provides that a decree of divorce may be granted on the ground that the other party has deserted the petitioner for continuous period of not less than 2 years immediately preceding the presentation of the petition. A uniform and comprehensive law governing all hindus. In the hindu marriage act, 1955 hereafter in this chapter referred to as.
Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. List of sections in the hindu marriage act, 1955 latest. Grounds for divorce under the hindu marriage act futurescopes. Study material hindu marriage act delhi law academy. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. Application form for registration of marriage under section 8. Duties of wife and rights of husband under hindu marriage act answered by expert divorce lawyer. Hindu marriage act, 1955 bare act with downloadable pdf. It does not provide for solemnization of marriage by the registrar. Ceremonies of marriage for a hindu marriage for that matter any marriage performance of necessary formalities or ceremonies is essential for its validity. In this we have given some important books on hindu marriage act 1955 text book. An act to amend and codify the law relating to marriage among hindu.
But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. Subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 1908. It is a landmark in the history of social legislation. Hindu marriage act 1955 section citation 8817 bare act. Hindu marriage act 1955 pdf book is free and available for everyone to download as a pdf. Three other important acts were also enacted as part of the hindu code bills during this time. A child marriage is valid under the hindu marriage act. Be it enacted by parliament in the sixth year of the republic of india as follows preliminary 1. Also download hindu marriage act 1955 text book pdf.
The hindu marriage act 1955 indian bare acts india bare. It is often stated as a mean to exploit the husband by asking alimony for life. Download the pdf from the orange download button below. A bare reading of section 21 a of the hindu marriage act would show that it will apply only when petitions under the hindu marriage act, praying for a decree for judicial seperatioia under section 10 or a decree for divorce under section are filed and would not apply if one of the case is under section 9 of the act for restitution of. Be it enacted by parliament in the sixth year of the republic of india as follows. Punishment for contravention of certain other conditions for a hindu marriage. The hindu marriage act 1955 indian bare acts india bare act. This section empowers the court to order the respondent to pay the petitioner the expenses of the proceedings, if it appears that. Section 24 of the hindu marriage act, 1955, deals with the alimony pendente lite and the expenses of the proceedings. The marriage laws amendment act, 1976 siff for mens. Maintenance to wife is a very complicated issue under hindu marriage act. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled.
In section 23 of the hindu marriage act, in subsection 1, in clause a, after the. Section 19 lays down that any hindu, buddhist, sikh or jain who is a member of an undivided joint hindu family if he marries under the provisions of the special marriage act shall be deemed to. Registration requirement of hindu marriage as per section 8 of the hindu marriage act 1955. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession. Restitution of conjugal rights under hma conditions, burden. She cannot do so under section 11 or 17 or any other provision of the act. Permanent alimony and maintenance under section 25 of hindu.
A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. 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, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Section 21 in the hindu marriage act, 1955 21 application of act 5 of 1908. The grounds of divorce under the hindu marriage act had been stated under section of the said act. 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. 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. Learn about the most important hindu marriage act section 9. Have any doubts and queries regarding any section rule law of hindu marriage act, just ask them at forum section. Download beautiful pdf for hindu marriage act it is colourful, with section links and looks just like this written post. Divorce means the dissolution of marriage by a competent court. Still the wife could claim maintenance under section 181 of the hindu adoption and maintenance act, 1956 or under section 125 of the criminal procedure code, 1973 the court cannot entertain any claim for maintenance in any proceeding under section 25 of the hindu marriage act, 1955, which are maintainable under section 18 of the hindu adoption and maintenance act, 1956. Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago admin registration forms. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz that 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too.
Summary of hindu marriage act, 1955 your article library. In this act, unless the context otherwise requires. The wifes claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same sociolegal scheme revolutionizing the law applicable to hindus. If the marriage is solemnized in violation of clause iii of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause iv of subsection 2 of section of the hindu marriage act, 1955. Chapter iv of the special marriage act deals with consequences of marriage under this act. The state governments has the power to make law related to registration of hindu marriage. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Notwithstanding anything contained in this section the validity of any hindu marriage shall in no way be affected by the omission to make the entry.
Section 9 of the hindu marriage act peruses that when either of the party to a marriage withdraws from the society of the other without giving a justifiable excuse, the aggrieved party can apply for restitution of conjugal rights. Section 1 short title and extent 1 this act may be called the hindu marriage act, 1955. Effect of registration of marriage under this chapter. The hindu marriage contemplated by the act hardly remains sacramental. What are the grounds for divorce as per section of the hindu marriage act 1955.
Thus these grounds are lawfully valid grounds for divorce and if such circumstances arise, then, unfortunately, divorce is bound to take place. Duties of wife and rights of husband under hindu marriage act. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. As per section 8 of this act the following are the provisions related to registration of a hindu marriage. Dec 28, 2008 section 21a, hindu marriage act and s. In section 21a of the hindu marriage act, in subsection 1, after the word and figures section, at both the places where they occur, the words, figures and letter or section c shall be inserted. The speed with which parliament passed the reforms in the hindu marriage act, 1955 and the. The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable. In section 21a of the hindu marriage act, in subsection 1, after the. The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Hindu marriage act systematic bare act with colourful pdf download.
Under section 24, special marriage act, 1954 any marriage performed under any personal law can be registered provided certain conditions laid down there are fulfilled. Air1957mad243 ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. The hindu marriage act, 1955 boththe chief characteristics of hindu marriage, uiz. An act to amend and codify the law relating to marriage among hindus. If the marriage is solemnized in violation of clause iii of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause iv of sub section 2 of section of the hindu marriage act, 1955. Hindu marriage act, 1955 with pdf download updated 2019. There was a necessity for codified law applicable to all hindus.
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