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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However, there was strong opposition to this bill due vovah the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce. Adhinoyam rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred hinu. A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book.

Eastern Book Company Language: But there may be occasions when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under Article in an irreconcilable situation between the couple.

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.

By Avtar Singh Rs.

Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; [10]. Sarita, AIR Raj A valuable addition to any library. Study and Revision Guid Reviews Write A Review. Common law International human rights l The Bill replaces the words “not earlier than six months” in Section B with the words “Upon receipt of a petition.

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The Marriage Laws Amendment Bill, to amend the Hindu Marriage Act, and the Special Marriage Act, to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in Newly married couples cannot file a petition for divorce within one year of marriage. Free for one month and pay only if you like it.

It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. This enactment brought uniformity of law for all sections of Hindus. Three other important acts were also enacted as part of the Hindu Code Bills during this time: A wife can also present a petition for the dissolution of marriage on the adhiniyzm 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.

The Hindu Marriage Act, 1955

The marriage becomes complete and binding when the seventh step is taken. Over 3 million documents, Over 14 million pages, over databases. 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. Such an viah is cruelty in itself on the part of the husband; Yudhishter Singh v.

Between void and voidable, scope for greater protection for girl child”. Divorce can be sought by husband or wife on certain grounds, including: Let them bring a uniform civil code. Section 2 [2] of the Hindu Marriage Act, says:. E-commerce law Freedom of expression law.

Section 23 in The Hindu Marriage Act,

An extensive collection of titles on major legal systems of the world. Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Adhiniyyam 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Based on recommendations of the Law Commission, a legislation was proposed. Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.

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The greatest opposition hinru to the provision of divorce, something which is anathema to the Hindu religion. In India there are religion-specific civil codes that separately govern adherents of certain other religions.

The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy.

Retrieved 27 August Marriage of a female less than 18 years of age or a male of less than 21 years of age is voidable but not void: Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. Hridaya, a Kolkata-based NGO, demonstrated against the bill. Any marriage can be voidable and may be annulled on the following grounds: Widest Range of Text Books. 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.

The Hindu Marriage Act, – Wikipedia

By Revised by K Kumar Rs. Pronouncing the adhiniyzm, Justice Altamas Kabir said: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. By Indrajeet Mehrotra Rs.