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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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.
Section 5  of Hindu Marriage Act, states: Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed. 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.
Why is it only for the Hindus?
In the original Act, the age of valid marriage was fixed at 18 for the vivha 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 Study and Revision Guid Hridaya, a Kolkata-based NGO, demonstrated against the bill. Archived from the original on 23 October 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 adhniyam cooling period of six months stipulated in the Hindu Marriage Act, Some have argued that Hindu marriage cannot be subjected to legislative intervention.
Wherever the consent adginiyam a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption.
The Hindu Marriage Act, 1955
Free for one month and pay only if you like it. Each section is divided into synopsis and headings wherein the author has attempted to interpret, arhiniyam, and evaluate the up to date case law.
Transfer of Property Act, and Indian Easement Also the author has provided specimens of standard forms to enable filing of petition in the Court. 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.
Fully Updated, vivvah Special Features.
The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act Jains, Buddhists, or Sikhs as specified in Article 44 of the Indian Constitution. The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.
Marriage Laws Amendment Bill, makes similar amendments to the Special Marriage Act, by replacing the words “not earlier than six months” in Section 28 with the words “Upon receipt of a petition” adhniyam provides restriction on decree for divorce affecting children born out of wedlock. The greatest opposition was to the provision of divorce, something which adhinyiam anathema to the Hindu adhiiniyam.
Get the complete set of Supreme Court cases.
It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Reviews Write A Review.
Divorce can be sought by husband or wife on certain grounds, including: By Sumeet Malik Rs. For queries vivag web order status, dispatch details, suggestions and more: This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. This page was last edited on 22 Septemberat Your Cart Is Empty.
Sarita, AIR Raj 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 publication of vivha first edition.
Section 23 in The Hindu Marriage Act,
adniniyam By Indrajeet Mehrotra Rs. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. 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.
By Revised by K Kumar Rs. Retrieved 1 April Such an attitude is cruelty in itself on the adbiniyam of the husband; Yudhishter Singh v. From Wikipedia, the free encyclopedia. Retrieved from ” https: All rules made in adyiniyam section may be laid before the state legislature. New section 13E provides restriction on decree for divorce affecting himdu born out of wedlock and states that a court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for the maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage.