The brief facts are that the parties got married on 1 st may 1987. The hindu marriage act 1955 indian bare acts india bare. Such rules must, inter alia, provide that the parties to any such marriage may have the. Hindu marriage act, 1955 the governing of all marriages of the hindu religion in india is done under the hindu marriage act 1955. The hindu marriage act 1955 law relating to marriage among hindus. The hindu marriage act, 1955 was enacted by parliament. Chapter 6 study of various aspects of hindu marital laws. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. 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.
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. Today, persons are permitted to marry within the same gotra and pravara. Hindu marriage act 1955 salient features of the hindu. Consanguineous marriage that is marrying within sapinda relationship is prohibited the hindu marriage act, 1955. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Restitution of conjugal rights and judicial separation. Explanation of the conditions of hindu marriage under. Short title this act may be cited as the hindu marriage and. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. However, according to section 7 of hindu marriage act,1955, the different kinds of marriages have been ceased to exist. Explanation of the conditions of hindu marriage under hindu marriage act, 1955 are listed below. Laws on registration of marriage and divorce a proposal for consolidation and reform i am forwarding herewith the 211th report of the law commission of india on the above subject. As per the provision of the hindu marriage act, 1955, a marriage is called valid subject to the fulfillment of the following conditions. The following were problems faced by the institution of hindu marriage.
Top 3 problems faced by hindu marriage your article library. The hindu marriage contemplated by the act hardly remains sacramental. Every aspect of a marriage including husband, wife, marriage, commitment, sex and child rearing are covered under this act. A hindu marriage, which has already been solemnized in accordance with the religious customs and rituals, can be registered under the hindu marriage act, 1955.
Legitimacy of children of void and voidable marriages. The subject has been taken up suo motu in the light of the directions of the supreme court dated 14. The hindu marriage act punjab and haryana high court. Three other important acts were also enacted as part of the hindu code bills during this time. Preliminary amendments to the hindu marriage act, 1955 amendments to the special marriage act, 1954 extracts from the hindu marriage act, 1955.
The governing of all marriages of the hindu religion in india is done under the hindu marriage act 1955. The problems of child marriage was very serious in hindu society till the passing of sarada act which fixed 18 and 21, the minimum marriageable age of a hindu girl and boy respectively, the reasons behind child marriage in hindu society were value of virginity, endogamy, religious. Short title and extent 1 this act may be called the hindu marriage act, 1955. The hindu marriage act, 1955 act 25 of 1955 18th may, 1955 an act to amend and codify the law relating to marriage among hindus. Hindu marriage act, 1955 bare act with downloadable pdf. What are the conditions for a hindu marriage as per the hindu marriage act 1955. In india, it appears the proper title is the hindu marriage act, 1955 with the word the in front. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself. The hindu marriage act is an act of the parliament of india enacted in 1955.
Hindu marriage act pdf download hindu marriage act 1955. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. Understanding the hindu marriage act helpful for u. Act no vii of 2017 21st march, 2017 an act to provide for solemnization of marriages by hindu families and for matters ancillary and incidental thereto. It also deals with caste system under ancient hindu law and its modifications by the hindu marriage act, 1955. Sec 1 of the hindu marriage act short title and extent. Section 2 of the hindu marriage act 1955 and its applicability to religions.
Full text of hindu marriage act 1955 internet archive. Whereas it is constitutional obligation that the state shall protect the marriage, the family, the mother and the child and also safeguard the legitimate, rights. According to baudhyana, if one has intercourse with a maiden who is sleeping intoxicated or out of her senses with fear or passion and weds her aterwards, that is the rite of paishacha. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Hindu marriage act, 1955 bare act men rights india. Maintenance under section 24 of the hindu marriage act. An act to amend and codify the law relating to marriage among hindus. Introduction india, being a cosmopolitan country, allows each citizen to be. The act received the assent of the president of india in 1854955. As in india each citizen is allowed to be dealt under personal laws relevant to religious views.
Contrary to what many believe, however, under indian law, a failure to register ones marriage generally does not impact the legal validity of the marriage. All rules made in this section may be laid before the state legislature. It is a landmark in the history of social legislation. Difference between anuloma and pratiloma marriages are eradicated by legal provisions. In order to facilitate proof of a hindu marriage the state government is authorised to make rules providing for registration of marriages. The following are the salient features of the hindu marriage act,1955.
The proof of a hindu marriage under section 8 of hindu marriage act, 1955 are as follows. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a petition for restitution of. Laws on registration of marriage and divorce a proposal. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955. Section18 punishment for contravention of certain other conditions for a. Hindu marriage act, 1955 has reformed hindu law of marriage. Section 17 of the hindu marriage act 1955 punishment for bigamy any marriage between two hindus solemnized after the commencement of this act is void if at the date of such marriage either party had a husband or wife living. Be it enacted by the parliament in sixth year of the republic of india as follows. Law, titles of legal articles are formatted according to the citation convention of that laws jurisdiction.
There are no rigid rules or laws of universal applications, which have to be adhered to while disposing of an application filed under section 24 of the act of 1955. Section 5 of the hindu marriage act 1955 conditions. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. The hindu marriage act1955 advocatetanmoy law library. What is the proof of a hindu marriage under section 8 of. Hindu marriage act 1955 complete act citation 50935. Since 2006, couples in india who wed under the hindu marriage act of 1955 are required to register their marriages.
The hindu marriage act 1955 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the hindu marriage act 1955 national security, others, procedural and administration, property. Be it enacted by parliament in the sixth year of the republic of india as follows. The act extends to the whole of india except the state of jammu and kashmir. People who are searching for hindu marriage act 1955 book pdf can find here. Section 8 of the hindu marriage act, 1955 provides for the registration of marriage. Summary of hindu marriage act, 1955 your article library. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings. Please click on the below links for more information.
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