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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Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption.
Provided that in either case the other wife is alive at the time of the presentation of the petition; or. A table of cases at the beginning of the book and various related acts in the appendices at the end of the book further add to the utility of the book.
The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. The Bill replaces the words “not earlier than six months” in Section B with the words “Upon receipt of a petition. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. An extensive collection of titles on major legal systems of the world. Based on recommendations of the Law Commission, a legislation was proposed.
Retrieved 1 April By Avtar Singh Rs. Citedby docs – [ View All ].
Section 13 in The Hindu Marriage Act,
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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. Also the author has provided specimens of standard forms to enable filing of petition in the Court.
The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. Free for one month and pay only if you like it. Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. Reviews Write A Review. For queries regarding web order status, dispatch details, suggestions and more: 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.
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage.
Hindu Marriage Act (Hindi) – हिन&# – EBC Webstore
Fully Updated, with Special Features. There was widespread protest against the bill.
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: This section hinu applies to Hindus by religion adyiniyam any of its forms and Hindus within the extended meaning i.
Retrieved 27 August When it has not been adhiniya for the parties to live together and to discharge their marital obligations towards each other for more than one year, we see no reason to continue the agony of the parties for another two months.
This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book. Eastern Book Company Language: 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.
Any marriage can be voidable and adhiniam be annulled on the following grounds: By Sumeet Malik Rs.
The Hindu Marriage Act, 1955
Section 5  of Hindu Adhlniyam Act, states: Over 3 million documents, Over 14 million pages, over databases. 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.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. Vovah valuable addition to any library. However, there was strong opposition to this bill due to 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.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships. The Supreme Court of India exercised its powers vviah 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, Bare Acts Box Set From Wikipedia, the free encyclopedia.