Punishment for contravention of certain other conditions for a hindu marriage. In the hindu marriage act, 1955 hereafter in this chapter referred to as. Learn about the most important hindu marriage act section 9. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the. Chapter iv of the special marriage act deals with consequences of marriage under this act.
The hindu marriage act 1955 indian bare acts india bare. Three other important acts were also enacted as part of the hindu code bills during this time. Download beautiful pdf for hindu marriage act it is colourful, with section links and looks just like this written post. Restitution of conjugal rights under hma conditions, burden. A child marriage is valid under the hindu marriage act. Registration requirement of hindu marriage as per section 8 of the hindu marriage act 1955.
In section 21a of the hindu marriage act, in subsection 1, after the. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. The grounds of divorce under the hindu marriage act had been stated under section of the said act. If the marriage is solemnized in violation of clause iii of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause iv of subsection 2 of section of the hindu marriage act, 1955.
Succession to property of parties married under act. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Study material hindu marriage act delhi law academy. Hindu marriage act, 1955 updated 2019 an act to amend and codify the law relating to marriage among hindus. Section 3 of prohibition of child marriage act, 2006 provides as under.
Hindu marriage act systematic bare act with colourful pdf download. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to all hindus. What are the main changes introduced in the hindu marriage. List of sections in the hindu marriage act, 1955 latest. The updating and uploading of rules, regulations, notifications, etc. The wifes claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same sociolegal scheme revolutionizing the law applicable to hindus. Section 21 in the hindu marriage act, 1955 21 application of act 5 of 1908. There was a necessity for codified law applicable to all hindus. The hindu marriage act is an act of the parliament of india enacted in 1955.
Hindu marriage act, 1955 has reformed hindu law of marriage. In section 21a of the hindu marriage act, in subsection 1, after the word and figures section, at both the places where they occur, the words, figures and letter or section c shall be inserted. Hindu marriage act 1955 section citation 8817 bare act. It is a landmark in the history of social legislation. Hindu marriage act 1955 section 12 judgments legalcrystal. In this act, unless the context otherwise requires.
The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. 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. A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. What are the grounds for divorce as per section of the hindu marriage act 1955. Application form for registration of marriage under section 8. This section empowers the court to order the respondent to pay the petitioner the expenses of the proceedings, if it appears that. The state governments has the power to make law related to registration of hindu marriage. Have any doubts and queries regarding any section rule law of hindu marriage act, just ask them at forum section. An act to amend and codify the law relating to marriage among hindu.
Divorce means the dissolution of marriage by a competent court. 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. She cannot do so under section 11 or 17 or any other provision of the act. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. Short title and extent 1 this act may be called the hindu marriage act, 1955. The marriage laws amendment act, 1976 siff for mens. The government has also decided to amend section 39 of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days.
The full act is properly written and presented along with all other hindu laws. Hindu marriage act, 1955 bare act with downloadable pdf. A bare reading of section 21 a of the hindu marriage act would show that it will apply only when petitions under the hindu marriage act, praying for a decree for judicial seperatioia under section 10 or a decree for divorce under section are filed and would not apply if one of the case is under section 9 of the act for restitution of. Subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 1908. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Effect of registration of marriage under this chapter. Permanent alimony and maintenance under section 25 of hindu. Still the wife could claim maintenance under section 181 of the hindu adoption and maintenance act, 1956 or under section 125 of the criminal procedure code, 1973 the court cannot entertain any claim for maintenance in any proceeding under section 25 of the hindu marriage act, 1955, which are maintainable under section 18 of the hindu adoption and maintenance act, 1956. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Section 1 short title and extent 1 this act may be called the hindu marriage act, 1955. The hindu marriage contemplated by the act hardly remains sacramental. The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable. If the marriage is solemnized in violation of clause iii of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause iv of sub section 2 of section of the hindu marriage act, 1955. Be it enacted by parliament in the sixth year of the republic of india as follows preliminary 1.
Maintenance to wife is a very complicated issue under hindu marriage act. Dec 28, 2008 section 21a, hindu marriage act and s. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. Section 9 of the hindu marriage act peruses that when either of the party to a marriage withdraws from the society of the other without giving a justifiable excuse, the aggrieved party can apply for restitution of conjugal rights. Chapter iv consequences of marriage under this act. The speed with which parliament passed the reforms in the hindu marriage act, 1955 and the. Summary of hindu marriage act, 1955 your article library. Section 24 of the hindu marriage act, 1955, deals with the alimony pendente lite and the expenses of the proceedings. Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago admin registration forms. A uniform and comprehensive law governing all hindus. It is often stated as a mean to exploit the husband by asking alimony for life. Section 27, hindu marriage act deals only with the property presented at or about the time of marriage and which belongs to the parties jointly.
Also download hindu marriage act 1955 text book pdf. Thus these grounds are lawfully valid grounds for divorce and if such circumstances arise, then, unfortunately, divorce is bound to take place. Be it enacted by parliament in the sixth year of the republic of india as follows. Marriage and divorce law reforms eastern book company. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. Under section 24, special marriage act, 1954 any marriage performed under any personal law can be registered provided certain conditions laid down there are fulfilled. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz that 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled. Air1957mad243 ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Download the pdf from the orange download button below.
Under the hindu marriage act a marriage to be valid must be performed either by the shastric rites and ceremonies or by the customary rites and ceremonies prevalent on the side of either party to the marriage. Section 19 lays down that any hindu, buddhist, sikh or jain who is a member of an undivided joint hindu family if he marries under the provisions of the special marriage act shall be deemed to. Section 21a in the hindu marriage act, 1955 indian kanoon. The hindu marriage act 1955 indian bare acts india bare act. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. Duties of wife and rights of husband under hindu marriage act.
In this we have given some important books on hindu marriage act 1955 text book. Ceremonies of marriage for a hindu marriage for that matter any marriage performance of necessary formalities or ceremonies is essential for its validity. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. The marriage laws amendment act, 1976 siff for mens rights. Hindu marriage act 1955 pdf book is free and available for everyone to download as a pdf. An act to amend and codify the law relating to marriage among hindus.
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