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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E-commerce law Freedom of expression law. Try out our Premium Member services: Cruelty need not be physical. An extensive collection of titles on major legal systems of the world. Study and Revision Guid The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. The Supreme Court of India exercised its powers under Article of the Constitution of India and ruled in August that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, In India there are religion-specific civil codes that separately govern adherents of certain other religions.
As stated in Section 8 of the Act, the state government adhjniyam 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 hindi manner and subject to such conditions as may be prescribed in the Hindu Marriage Register.
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 Gindu, a Kolkata-based NGO, demonstrated against the bill.
Section 6 of ashiniyam Hindu Marriage Act specifies the guardianship for marriage. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage.
This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i. Finally, the Act specifically disallows marriages between prohibited degrees of relationships. From Wikipedia, the free encyclopedia. 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.
Let them bring a uniform civil code. Section B of the Hindu Marriage Act hinxu for the adhinniyam seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce.
A wife can also present a petition for the dissolution of marriage on the ground of if the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Also the author has provided specimens of standard forms to enable filing of petition in the Court. Common law International human rights l Husband is entitled to decree of divorce; Sadhana Srivastava v. Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v.
Section 5  of Hindu Marriage Act, states: Three other important acts were also enacted as part of the Hindu Code Bills during this time: 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.
Wherever the consent of hinvu guardian in marriage is necessary for a bride givah this Act, the persons entitled to give such consent are the following: Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.
Between void and voidable, scope for greater protection for girl child”. Pronouncing the judgment, Justice Altamas Kabir said: Your Book Shelf Is Empty. Section 2  of the Hindu Marriage Hundu, says:. Recommended Bestsellers New Releases Bargains. Free for one month and pay only if you like it. Archived from the original on 23 October A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book.
Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.
This section-wise study of the Hindu Marriage Act, has been immensely popular amongst hindh legal fraternity and the general public as well, since the publication of its first edition. Your Cart Is Empty.
Over 3 million documents, Over 14 million pages, over databases. A valuable addition to any library. Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage.
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For queries regarding web order status, dispatch details, suggestions and more: Beyond Tradition and Modernity. By Revised by K Kumar Rs. This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. Newly married couples cannot file a petition for divorce within one year of marriage.
All rules made in this section may be laid before the state legislature. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. This enactment brought uniformity of law for all hinndu of Hindus.