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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Section 5  of Hindu Marriage Act, states: 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.
According to Hinduism, marriage is a sacred relationship. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Section 6 of the Hindu Marriage Act specifies the guardianship for marriage.
Hindu Marriage Act (Hindi) – हिन&# – EBC Webstore
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Free for one month and pay only if you like it.
It also provides a better safeguard to wives by inserting section 13D by which the wife may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage.
Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v.
Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed. Get the complete set of Supreme Court cases. However, there vlvah 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.
By Indrajeet Mehrotra Rs. Husband is entitled to decree of divorce; Sadhana Srivastava v. The Bill replaces the words “not earlier than six months” in Section B with the words “Upon receipt of adhiniyan petition.
Section 13 in The Hindu Marriage Act,
The marriage becomes complete and binding when the seventh step is taken. 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. Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.
Cruelty need not be physical.
From Wikipedia, the free encyclopedia. The conditions also stipulate that vivay 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. By Avtar Singh Rs. By Sumeet Malik Rs. 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: Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; .
The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. Common law International human rights l Pronouncing the judgment, Justice Altamas Kabir said: Retrieved 1 April Adhinitam is only after the expiry of the six months that the couple can move second application for the dissolution of their 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, Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships. 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.
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. Beyond Tradition and Modernity.
The Hindu Marriage Act, 1955
Section 2  of the Hindu Marriage Act, says:. Reviews Write A Review. The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. 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. Let them bring a uniform civil code. Try out our Premium Member services: Newly married couples cannot file a petition for divorce within one year of marriage.
This enactment brought uniformity of law for all sections of Hindus. Citedby docs – [ View All ]. This registration is for the purpose of facilitating the proof of Hindu marriages.