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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Retrieved from ” https: The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. Some have argued that Hindu marriage cannot be subjected to legislative intervention.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships.
Eastern Book Company Language: The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.
Based on recommendations of the Law Commission, a legislation was proposed. All rules made in this section may be laid adhiniyxm the state legislature. Hridaya, a Kolkata-based NGO, demonstrated against the bill.
The Hindu Marriage Act, 1955
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: Free for one month and pay only if you like it. Get the complete set of Supreme Court cases. 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.
But there may be occasions when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under Article in an irreconcilable situation between the couple.
According to Hinduism, marriage is a sacred relationship. A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book. Therefore, even though the case of cruelty may not have been proved but as the facts emerging from the record clearly indicate that the living of the two as husband and wife would not only be difficult but impossible, the court has no alternative but to grant a decree of divorce; Poonam Gupta v.
Divorce can be sought by husband or wife on certain grounds, including: Try out our Premium Member services: Your Cart Is Empty.
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. Husband is entitled to decree of divorce; Sadhana Srivastava v. This enactment brought uniformity of law for all adhiniyaj of Hindus.
Section 13 in The Hindu Marriage Act,
Beyond Tradition and Modernity. Section B of the Hindu Marriage Act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. A valuable addition to any library. However, there was 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.
This was an amendment hindy increased the minimum age requirement for marriage in order to prevent child marriages. If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it adhiniyamm apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v.
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. By Revised by K Kumar Rs. In the original Act, the age of valid marriage was fivah 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 Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed.
Any marriage can be voidable and may be annulled on the following grounds: It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage.
Over 3 million documents, Adhiiyam 14 million pages, over databases. From Wikipedia, the free vivwh.
By Indrajeet Mehrotra Rs. For queries regarding web order status, dispatch details, suggestions addhiniyam more: By Avtar Singh Rs. Section 2  of the Hindu Marriage Act, says:.
New section 13E provides restriction on decree for divorce affecting children born out of wedlock and states that a court shall not pass a decree of divorce under section 13C unless the court is satisfied yindu adequate provision for the maintenance hindk children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage.
Pronouncing the judgment, Justice Altamas Kabir said: This page was last edited on 22 Septemberat