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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In the original Act, bivah 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 Section 6 of the Hindu Marriage Act specifies the guardianship for marriage.

Divorce can be sought by husband or wife on certain grounds, including: Reviews Write A Review. Bare Acts Box Set Each section has been divided in to synopsis and headings wherein the author has attempted to interpret, assess, and evaluate the up to date case law. 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.

This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. 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.

Unlawful Activities Prevention Act. Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed. Sundar, AIR Kar The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. Beyond Tradition and Modernity. The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.


Common law International human rights l Widest Range of Text Books. For queries regarding web order status, dispatch details, suggestions and more: A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book. Retrieved 27 August 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 grant a decree of divorce; Poonam Gupta v.

Section 23 in The Hindu Marriage Act,

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 publication of its first edition. Pronouncing hinddu judgment, Justice Altamas Kabir said: 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.

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely.

Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. 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.

The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v. Section 5 [2] of Hindu Marriage Act, states: Views Read Edit View history. All rules hlndu in this section may be laid afhiniyam the state legislature. Free for one month and pay only if you like it. Each section is divided into synopsis and headings wherein the author has attempted to interpret, assess, and evaluate the up to date case law.


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

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Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. Vijayalaxmi, AIR Karn There was widespread protest against the bill. Let them bring a uniform civil code.

The Hindu Marriage Act, 1955

Marriage Laws Amendment Bill, makes similar amendments to the Special Marriage Act, by replacing the words “not earlier than six months” in Section 28 adhinijam the words “Upon receipt of a petition” and provides restriction on decree for divorce affecting children born out of wedlock. 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, Citedby docs – [ View All ].

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Study and Revision Guid Sarita, AIR Raj Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage.

Some have argued that Hindu marriage cannot be subjected to legislative intervention. 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.

Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.

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