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 .
|Published (Last):||25 April 2011|
|PDF File Size:||17.2 Mb|
|ePub File Size:||11.56 Mb|
|Price:||Free* [*Free Regsitration Required]|
In the original Act, the hinvu 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 This page was last edited on 22 Septemberat This scholarly commentary on a matter of socio-personal importance is a must read for not only the practicing lawyer, judges and advocates but also for all those concerned with the Hindu Marriage law in general.
The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage.
Recommended Bestsellers New Releases Bargains. This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. About Us Contact Us.
Common law International human rights l According to him, “If the Government really adhiniyqm 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 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, 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.
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: Unlawful Activities Prevention Act. 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.
A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book. Marriage Laws Amendment Bill, makes similar amendments to the Special Marriage Act, by replacing the words “not earlier than six months” in Section 28 with the words “Upon receipt of a petition” and provides restriction on decree for divorce affecting children born out of wedlock. Bare Acts Box Set This registration is for the purpose of facilitating the proof of Hindu marriages.
The Hindu Marriage Act, 1955
Pronouncing the judgment, Justice Altamas Kabir said: Your Book Shelf Is Empty. Section 2  of the Hindu Marriage Act, says:. Some have argued that Hindu marriage cannot be subjected to legislative intervention.
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: Let them bring a uniform civil code. Eastern Book Company Language: 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.
Your Cart Is Empty. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. But there may be occasions when in order to do complete justice to the parties it becomes afhiniyam for this court to invoke its powers under Article in an irreconcilable situation between the couple.
Hindu Marriage Act (Hindi) – हिन&# – EBC Webstore
Provided that in either case the other wife is alive at the time of the presentation of the petition; or. If from the conduct of adhiniyak 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 vuvah her mental welfare then this conduct amounts to cruelty; Maya Devi v.
A valuable addition to any library. Widest Range of Text Books.
The Hindu Marriage Act, – Wikipedia
This enactment brought uniformity of law for all sections of Hindus. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.
Between void and voidable, scope for greater protection for girl child”. Divorce can be sought by husband or wife on certain grounds, including: The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. Beyond Tradition and Modernity.