the Hindu Marriage Act, and with orders for the maintenance of children .. tha Hindi Marriage it clear that an order for interim maintenance under section. Application of Act. Section 3. Definitions. Section 4. Overriding effect of Act. Section 5. Conditions for a Hindu marriage. Section 6. [Omitted.]. 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.
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An Act to amend and codify the law relating to marriage among Hindus. 1) This Act may be called the Hindu Marriage Act,. (2) It extends to the whole of. Short title and extent - (1) This act may be called the Hindu Marriage Act, (2 ) It extends to the whole of India except the State of Jammu and Kashmir and. (1) This Act may be called the Hindu. Marriage Act, (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus.
Citedby docs - [ View All ]. User Queries. Try out our Premium Member services: Free for one month and pay only if you like it. State Amendment Pondicherry: In section 2, insert the following sub-section:
Section 6. Section 7. Ceremonies for a Hindu marriage. Section 8.
Registration of Hindu marriages. Section 9.
Restitution of conjugal right. Section Judicial separation. Void marriages. Voidable marriages. Section 13A. Alternate relief in divorce proceedings.
Section 13B. Divorce by mutual consent. No petition for divorce to be presented within one year of marriage. Divorced persons when may marry again. Legitimacy of children of void and voidable marriages. Punishment of bigamy. Punishment for contravention of certain other conditions for a Hindu marriage.
Court to which petition shall be presented.
Contents and verification of petitions. Application of Act 5 of Section 21A. Power to transfer petitions in certain cases. Section 21B. Special provision relating to trial and disposal of petitions under the Act.
Section 21C. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.
According to Hinduism, marriage is a sacred relationship. Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption.
The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion.
Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed. Some have argued that Hindu marriage cannot be subjected to legislative intervention.
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. Section 5  of Hindu Marriage Act, states: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely -.
Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; . 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.
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 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: The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships. Section 6 of the Hindu Marriage Act specifies the guardianship for marriage.
Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage.
Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.
The marriage becomes complete and binding when the seventh step is taken. 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.
This registration is for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before the state legislature. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.
Any marriage can be voidable and may be annulled on the following grounds: Divorce can be sought by husband or wife on certain grounds, including: 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.
Newly married couples cannot file a petition for divorce within one year of marriage. 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, 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.
It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Pronouncing the judgment, Justice Altamas Kabir said: 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. When it has not been possible 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.
Based on recommendations of the Law Commission, a legislation was proposed. 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 The Bill replaces the words "not earlier than six months" in Section B with the words "Upon receipt of a petition.