It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Short title and extent 1 this act may be called the hindu marriage act. The hindu marriage act 1955 indian bare acts india bare act. Divorce under hindu marriage act,1955 law for women. Hindu marriage act 1955 section citation 8817 bare.
Legal provisions of section 15 of the hindu marriage act, 1955 welcome to. Hindu marriage act 1955 salient features of the hindu. Today in this article, we are providing the introduction, definition, purpose, applicability of the hindu marriage act 1955. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. Introduction hindu marriage act 1955 india law promatcher. A uniform and comprehensive law governing all hindus. Earlier weve provided the list of sections in the hindu marriage act 1955. Home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. 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.
People who are searching for hindu marriage act 1955 book pdf can find here. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. There was a necessity for codified law applicable to all hindus. It is a landmark in the history of social legislation. May 05, 2017 application of act sec2 the hindu marriage act, 1955 applicable to all hindus, buddhists, jains and sikhs. The hindu marriage contemplated by the act hardly remains sacramental. Contents application of act conditions of hindu marriage o conditions o ceremonies nullity of hindu marriage o void marriage o voidable marriage remedies available o judicial separation o restitution of conjugal rights o divorce o maintenancealimony custody of children other. Maintenance under section 24 of the hindu marriage act. 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.
The following proceedings under the act shall be instituted by original petitions which shall be numbered serially. Hindu marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the hindu marriage act, 1955, which came into force on 18th may, 1955. Here we have also given some reference books and related books pdf. Section 5 of the act of 1955 prescribes conditions for a valid hindu marriage. Grounds for divorce under hindu marriage act 1955 and. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. So, the act, though enacted as hindu marriage act, applies not merely to hindus by religion, it also applies to persons who profess other religions sikh, jain or buddhist. 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. The aim of the paper is to make the peruser mindful of the arrangements of divorce under the hindu marriage act, 1955.
Hindu by religion in any of its forms or developments virashaiva, lingayat. Nullity of marriage and divorce as per section 11 of the hindu marriage act 1955. It extends to the whole of india except the state of jammu and kashmir, and applies also to hindus. The hindu marriage act, 1955 usage applicable to them permits such a marriage between them 8. Hindu marriage act, 1955 bare act men rights india. The act received the assent of the president of india in 1854955. Study of related theories and sections of hindu marriage act, 1955. Section21 application of act 5 of 1908 section21a power to transfer petitions in certain cases section21b special provision relating to trial and disposal of petitions under the act. Full text of hindu marriage act 1955 see other formats r. Full text of hindu marriage act 1955 internet archive.
According to section 5 of the act marriage can be solemnised between two hindus. Matrimonial remedies under hindu marriage act,1955 1. Introduction hindu marriage act 1955 india law by pravin gupta the hindu marriage act 1955 was enacted by the indian parliament in the year 1955 with the intention of regulating the personal life among the hindus, especially their institution of marriage, its legitimacy, conditions for divorce and applicability etc. 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 related, public utilities, shipping laws, tax. Voidable marriages section 10 of the hindu marriage act. Understanding the concept of marriage under hindu marriage. 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 related, public utilities, shipping laws, tax laws. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession. The following are the salient features of the hindu marriage act,1955.
Section 2 of the hindu marriage act 1955 and its applicability to religions. In india, it appears the proper title is the hindu marriage act, 1955 with the word the in front. Also the jaina marriage laws in jaina shastras are different as compared to hindu marriage laws in hindu shas. Divorce means the dissolution of marriage by a competent court. The hindu marriage act, 1955 is enacted to amend and codify the law relating to marriage among hindus. The hindu marriage act is an act of the parliament of india enacted in 1955. Hindu marriage act 1955 complete act citation 50935 bare. A marriage between a hindu man who converted as christian and a christian lady in a hindu form is not a valid marriage. Be it enacted by the parliament in sixth year of the republic of india as follows. Jun 29, 2016 divorce by mutual consent is addressed under s. For this section to apply there are certain requirements which have to be met and fulfilled by both the parties to the divorce which can be stated as follows.
Be it enacted by parliament in the sixth year of the republic of india as follows. 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. The hindu marriage act1955 advocatetanmoy law library. May 18, 2016 i pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. Section 5 of the hindu marriage act 1955 conditions. Amendments to the hindu marriage act describe about the insertion of new sections, wifes right to oppose petition and restriction on legal orders for divorce cases. Important provisions of the hindu marriage act, 1955 are examined in this paper with a view to emphasising the points that. The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. Summary of hindu marriage act, 1955 your article library. An act to amend and codify the law relating to marriage. The hindu marriage act 1955 was enacted by the indian parliament in the year 1955 with the intention of regulating the personal life among the hindus, especially their institution of marriage, its legitimacy, conditions for. In other words, even though sikhs, jains or buddhist may not be hindus by religion, they are governed by this act like hindus.
Section of the hindu marriage act, 1955 provides the specific ground for divorce,on the basis of which one can get the decree. If the above conditions are fulfilled, a hindu male and a hindu female can solemnise their marriage. Grounds for divorce under hindu marriage act 1955 and special. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. Our mission is to provide an online platform to help students to discuss anything and everything about essay. Mar 01, 2017 matrimonial remedies under hindu marriage act, 1955 1.
The hindu marriage act,1955 law commission of india. The hindu marriage act is applicable in cases where both husband and wife are hindus, buddhists, jains or sikhs or where they have converted into any of these religions. A marriage may be solemnized between any two hindus, if. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. Three other important acts were also enacted as part of the hindu code bills during this time. The hindu marriage act 1955 introduction, definition. Section of the hindu marriage act provides for grant of divorce in certain cases. 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 hindu marriage act 1955 law relating to marriage among hindus. Voidable marriages section 10 of the hindu marriage act home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats.
It is not good for jains as it clubs jains with hindus. Hindu marriage act 1955 section citation 8817 bare act. Aug 07, 2014 state government may make rules for registration in hindu marriage register ii. Law, titles of legal articles are formatted according to the citation convention of that laws jurisdiction. The hindu marriage act, 1955 was enacted by parliament. Short title and extent 1 this act may be called the hindu marriage act, 1955. Act lowers these limits to 5 degrees on the fathers side and 3 degrees on the mothers side. This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any ceremony. Karnataka high court hindu marriage rules, 1956 1 the act referred to in these rules shall mean the hindu marriage act, 1955. General of marriages under the marriage act marriage officer means a person licensed as a hindu. Three other important acts were also enacted as part of the hindu code bills during. Hindu marriage act 1955 complete act citation 50935. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings.
It enacts that any marriage solemnized whether before or after the commencement of the act may be dissolved on a petition presented either by the husband or by the wife on any of the grounds specified therein. What are the conditions for a hindu marriage as per the hindu marriage act 1955. Please click on the below links for more information. Hindu marriage act, 1955 has reformed hindu law of marriage. Pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Introduction hindu marriage act 1955 india law by pravin gupta. Rules regulations notifications orders circulars statutory ordinance statutes. An act to amend and codify the law relating to marriage among hindus.
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