Laws on registration of marriage and divorce a proposal. Under the uncodified hindu law, divorce was not recognized, unless it was. Divorce under hindu marriage act under the old hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down the provision of divorce has been dealt with under the hindu marriage act, 1955 as being a true blue method whereby both the parties to the marriage, decide to. It has laid down clear provisions regarding divorce under certain circumstances. The act calls marriage solemnized under the act as hindu marriage which may be performed in accordance with shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which. According to the law of mithiia, an nnmarried daughter i preferred. Though words such as abandonment, supersession and remarriage were used in various hindu scriptures like the smritis by the. Divorce under hindu marriage act advocatetanmoy law library. Those conditions have been laid own in sec 5 and 7of the act.
Annulment of marriage under hindu law legal service india. It is a sanskara or purificatory ceremony obligatory for every hindu. 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. Divorce under hindu marriage act,1955 law for women. Hindu marriage and divorce ordinance, 1960, of kenya. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and seek the remedy of divorce. Under old hindu law, the conditions required for a valid marriage were strict and elaborate. These schools have still relevance in respect of uncodified.
People who are searching for hindu marriage act 1955 book pdf can find here. A marriage especially under the hindu personal laws is considered as sacrament and of the highest order of purity. Summary of hindu marriage act, 1955 your article library. Full text of the hindu law of marriage and stridhan see other formats. But the two theories diverge as to who is a nearer sapinda and so lead to contrary conclusions particularly in the law of inheritance. Discuss the essentials of a valid hindu marriage under the. Recognizing the right of the third gender to marriage and. Download the pdf from the orange download button below. Srivastava, judge, delhi high court under the hindu marriage act, 1955, as enacted originally, though cruel was one of the grounds for obtaining judicial separation but it was not a ground for obtaining divorce. Under old hindu law, there were eight forms of marriages of which, four are approved and four are unapproved. What hindu marriage law says about divorce hindu divorce laws are in need of reform bigstock barnali a pseudonym, a 29yearold hindu woman, came to me with a complaint about how she was being abused and tortured by her husband. It studies the different theories of divorce fault, mutual.
Such custom and usage should have been continuously observed for a long time, having obtained the force of law among hindus in any local area, tribe, community, groups or family. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical desires, and moksa ultimate spiritual release together. It is a much wider body than a hindu coparcenary, which includes only those persons who acquire by birth an intersest in the joint coparcenary property. Chowdhury, dipayan and tripathy, atmaja, recognizing the right of the third gender to marriage and inheritance under hindu personal law in india november 30, 2016. Under law, these marriages would have no recognition except as is provided under any law. Divorce means the dissolution of marriage by a competent court. The father of two minor sons and a minor daughter was in possession of some joint family property and was also personally working as an agent of a. If a hindu boygirl marries a muslim girlboy in india.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Of course many relations who are sapindas under vijnarteswaras theory would also be sapindas according to this theory. The court ruled that the stipulation under the hindu marriage act for a sixmonth wait could be done away with if all efforts for mediation and conciliation intended to. Annulment of marriage under hindu law annulment of marriage as per legal terminology, the term annulment refers making a marriage null and voidvoidable. Concept and forms of marriage legal bites law and beyond. The law of partition and inheritance govern rights arising out of relationship in the family. By virtue of section 5 of the hindu marriage act 1955, a marriage will be valid only if both the parties to the marriage are hindus.
Divorce and sastric law, divorce and customary law, divorce and hindu marriage act, 1955. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. The hindu marriage act, 1955, does not specially provide for any forms of marriage. Marriage registration laws in india complete legal. Divorce under hindu marriage act,1955 section of the hindu marriage act provides for grant of divorce in certain cases. So, hindu law should define who is a hindu, and upon whom the hindu law applies. A recent case came to the bombay high court which has similar facts. Hindu marriage essentials of valid hindu marriage in. In law marriage may mean either the acts, agreements, or continue reading class notes on family law i unit.
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. Family law in india,about family law, classification of. You have reached your limit for free articles this month. Adultery is describe under section 497 of the indian penal code ipc, 1860, as an offence and is punishable. Hindu marriage act, 1955, section 1i describe adultery as a ground of divorce but does not describe what is adultery. After 2005 amendment, unmarried and married daughters are also coparcener. Under the hindu law, divorce does not take place unless it has been granted by a court. Hindu law and muslim personal laws difference under the. Marriage is seen as an institution of people coming together under the promise of spending a life time with each other. By aditya thejus krishnan, school of legal studies, cusat editors note. 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.
Its a type of social union between two individuals that establish a certain type of rights and obligation between them, their children and their respective inlaws. The hindu religious books have enjoined marriage as a duty because an unmarried man cannot perform some of. It has been held by various high courts that conditions mentioned is section 11 rendering a hindu marriage null and void are exhaustive. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself. Overall this is good piece of legislation which will help the hindu citizens of country in their matrimonial affairs. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. According to mahabharata, by cherishing the woman one virtually cherishes the goddess of prosperity herself. This extends to personal laws inter alia in the matter. Void marriage nullity of marriage india law, online. Matrimonial relief under the special marriage act, 1954. Types of maintenance under hindu laws under the hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife. Marriage is a civil and religious contract whereby a man is joined and united to a woman for the purpose of civilized society. Divorce is laid down under sections, b, 14 and 15 of the act.
Grounds for divorce under the hindu marriage act, 1955. Therefore, the ancient hindu law does not recognise divorce. The reader is advised to get competent legal advice on the hindu succession law, if he needs it. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. A hindu marriage can be dissolved only under hindu law. There was a necessity for codified law applicable to all hindus. Hindu law, particularly joint family and partition.
Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Two schools of law regulate hindu undivided family, they are. Legal rights of wife in hindu marriage act india legal. In the absence of a legal position of the bigamy relationship under hindu law or any guidelines in this regard, the situation becomes extremely depressing and stressful for the women. The indian family law is concerned with the personal laws of different religion. Three other important acts were also enacted as part of the hindu code bills during this time. The court, however, is not bound to grant divorce on mere proof of noncohabitation for the 7 air 1998 mp 324 8 1998 aihc, 31 ker. For the purposes of this phase lets categorize divorce laws concerning the hindus under three separate headings. A portion of hindu law has been codified by parliament in four actsi the hindu marriage act, 1955. A uniform and comprehensive law governing all hindus. Marriage in hindu culture is considered to be a sacred ritual. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views.
But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. In any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of subsection 1 of section, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a. A sacrament in india, according to traditional hindu law, marriage is a sacrament and not a civil contract. When the wife files a maintenance petition through her divorce attorney, the burden to declare his income shifts to the husband, who has the right to defend the maintenance petition. The family matters such as marriage, adoption, guardianship, divorce, maintenance, partition, succession, inheritance etc are governed by personal laws of each religion. Hindu law valid, void and voidable marriages under hindu. What is the nature of sapinda relationship under hindu. Under the hindu marriage act,1955 certain conditions are necessary for a valid hindu marriage. The subject has been taken up suo motu in the light of the directions of the supreme court dated 14. Anglohindu law refers to the laws enacted during the british colonial era, which applied to the hindus, buddhists, jains and sikhs of british india the first phase of anglohindu law started in 1772, and lasted till 1864, where translation of some ancient indian texts along with textual interpretation provided by british court appointed hindu pandits were the basis of anglohindu law. In hindu law, marriage is treated as a samaskara or a sacrament. The hindu marriage act is an act of the parliament of india enacted in 1955. Full text of the hindu law of marriage and stridhan.
With time, a number of issues also developed in the application of laws regarding rights of second wife under a hindu marriage. However, sometimes this union may not turn out to be as pleasant as expected. Hindu law defines hindu undivided family as all persons lineally descended from a common ancestor and includes theur wives and unmarried daughters. With the passing of various legislative enactments, those conditions were modified, liberalized or removed. Cruelty as a ground for divorce or for judicial separation under the hindu marriage act, 1955 justice a. There is no law that applies by default in such marriages. Recognizing the right of the third gender to marriage and inheritance under hindu personal law in india.
The wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Any marriage solemnized, whether before or after the commencement of this act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has ceased to be a hindu by conversion to another religion. Three other important acts were also enacted as part of the hindu code bills during. Present position the hindu marriage act, 1955, provides a definition of sapinda relationship. November 14, 2014 if you are someone who got married under hindu marriage act and after some time you cease to be india, the law applicable for your divorce would be hindu law and not the law of the land you are living in. Unhappy marriages are socially undesirable and are a breeding ground for delinquent children. Once a person enters into marriage it cannot then be easily dissolved. Divorce under customary law divorce under customary law is recognized under section 29 of hindu marriage act. Hindu undivided family not only consist of male members but it also include female member. Modern hindu law refers to one of the personal law systems of india along with similar systems for muslims, sikhs, parsis, and christians. Short title this act may be cited as the hindu marriage and. Here we have also given some reference books and related books pdf.