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 .

Each section has been divided in to synopsis vkvah headings wherein the author has attempted to interpret, assess, and evaluate the up to date case law.

E-commerce law Freedom of expression law. Section 2 [2] of the Hindu Marriage Act, says:. As stated in Section 8 of the Act, the state government may make rules for the registration of Hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the Hindu Marriage Register.

Husband is entitled to decree of divorce; Sadhana Srivastava v. A valuable addition to any library. Such an attitude is cruelty in itself on the part of the husband; Yudhishter Singh v. Finally, the Act specifically disallows marriages between prohibited degrees of relationships. There was widespread protest against the bill. 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, Bare Acts Box Set In India there are religion-specific civil codes that separately govern adherents of certain other religions.

Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage.

The Hindu Marriage Act, 1955

Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. 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 causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v.

According to Hinduism, marriage is a sacred relationship. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.

Section 13 in The Hindu Marriage Act,

Recommended Bestsellers New Releases Bargains. This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i.

Sarita, AIR Raj Eastern Book Company Language: Fully Updated, with Special Features. Hridaya, a Kolkata-based NGO, demonstrated against the bill. Common law International human rights l Get the complete set of Supreme Court cases. 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: Cruelty need not be physical. Based on recommendations of the Law Commission, a legislation was proposed.

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.

In the original Act, the age 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 Amartya Talukdar a prominent Men’s Right Activist raised concern that the bill introduces no-fault divorce for Hindus only.

An extensive collection of titles on major legal systems of the world. Vijayalaxmi, AIR Karn By Sumeet Malik Rs.

When it has not been possible for the parties to live together and to discharge their marital obligations towards each arhiniyam for more than one year, we see no reason to continue the agony of the parties for another two months.

By Avtar Singh Rs. The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.

The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein. 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.

Over 3 million documents, Over 14 million pages, over databases. The Bill replaces the words “not earlier than six months” in Section B with the words “Upon receipt of a petition. This registration is for the purpose of facilitating the proof of Hindu marriages.

By using this site, you agree to the Terms of Use and Privacy Policy. The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void. A new chapter on the law relating to transfer of cases in matrimonial disputes has been added to the book.

Widest Range of Text Books. Reviews Write A Review. All rules made in this section may be laid before the state legislature.

Unlawful Activities Prevention Achiniyam. Pronouncing the judgment, Justice Altamas Kabir said: 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.

Study and Revision Guid This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. 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 hjndu divorce; Poonam Gupta v.

It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together; Neelu Kohli v.

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