Bahadur, kp, a history of indian civilization, vol i new delhi. Understanding the hindu marriage act helpful for u. The hindu widow remarriage act, 1950 has made provision for remarriage of widows. The marriage laws amendment bill is a bill that was first introduced in the indian parliament in 2010. A mobile friendly pdf file of the hindu marriage act marriage laws amendment bill, 2010 marriage laws. Changing dimensions of hindu marriage legal service india. The hindu marriage act allows members of the hindu, buddhist, jain, or sikh religions to intermarry. Divorce means the dissolution of marriage by a competent court. By contrast, in india, by virtue of the hindu marriage act, 1955, both the husband as well as the wife has the right to go to court and seek dissolution of the marriage. In this act, unless the context otherwise requires. In case of marriage before 1955 act, if the husband had married again before such commencement or that any other wife of the husband was alive at the time of solemnization of marriage of petitioner. It proposes changes to the hindu marriage act, 1955 and. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent.
The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act. According to section 29 of the hindu marriage act, dissolution of a hindu marriage can also be obtained through a valid custom. Oct 09, 2016 hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Despite a very detailed chapter on the indian marriages in the indian constitution, most of the people in the country are unaware of. The bill amends the hindu marriage act, 1955 which codifies the law relating to marriage among hindus and the special marriage act, 1954 that provides for. Amends the hindu marriage act, 1955 and the special marriage act, 1954.
But with the enactment of the hindu marriage act, 1955, the sacramental aspect of the hindu marriage has been. The hindu marriage contemplated by the act hardly remains sacramental. Rajya sabha passed the marriage laws amendment bill,2010. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. There was a necessity for codified law applicable to all hindus.
Be it enacted by parliament in the sixtyfirst year of the republic of india as follows. 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. Hindu marriage act was enacted in 1955 and subsequently amended in 1976 to include cruelty, desertion and mutual consent as grounds for divorce law commission of india 1978. Download hindu marriage act 1955 in pdf hindu blog. Be it enacted by parliament in the sixtyfirst year of. An act further to amend the divorce act, 1869, the dissolution of muslim. Hindu marriage act basic provisions of hindu marriage act. The hindu marriage act is an act of the parliament of india enacted in 1955. The marriage laws amendment bill, 2010 was introduced in the lok sabha on august 4, 2010 by the minister of law and justice, shri m. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or.
Such a marriage is null and void from the very beginning. Here we have also given some reference books and related books pdf. However, it creates confusion by declaring some marriages void and. Among them hindu widows marriage act, 1856 and hindu marriage disabilities removal act, 1946 are directly related to hindu marriages, while hindu womans right to separate residence and maintenance act, 1946 opens a window for separation of those couples who cannot live in normal relationship of marriage any longer. It is a landmark in the history of social legislation. The rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. Both acts has a provision for divorce by mutual consensus of both the parties. It seeks to amend the hindu marriage act 1955 and the special marriages act, 1954 which provides. The united nations general assembly adopted a resolution in 2010 on. Aug 27, 20 the rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. Indian maintenance laws where maintenance can be demanded by a wife using 5 separate laws namely hindu marriage act 1955 sec 24, hindu marriage act 1955 sec 25, criminal procedure code sec 125, domestic violence act sec12 and hindu.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Be it enacted by parliament in the seventieth year of the republic of india as follows. Marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and the hindu adoptions and maintenance act, 1956. If two hindus wish to wed in india, they must do so pursuant to the hindu marriage act. Prohibtion of interfaith marriage library of congress. Section of the said act, the accepted grounds for seeking divorce includes cruelty, adultery, desertion, insanity or incurable disease and so forth.
Short title this act may be cited as the hindu marriage and. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. 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. The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Please click on the below links for more information. It does not provide for solemnization of marriage by the registrar. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Grounds for divorce under the hindu marriage act futurescopes. Under muslim personal status laws as interpreted by the hanafi school of thought, 36 which is predominant in india, only muslim men are permitted to marry kitabia, meaning members of the christian or jewish religions. The hindu marriage act, 1955 boththe chief characteristics of hindu marriage, uiz. The cruelty may be mental or physical, intentional or unintentional.
An act further to amend the divorce act, 1869, the dissolution of muslim marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and. Customarily the hindu marriage was considered a religious sacrament and an indissoluble bond between the spouses. Application of act 1 this act applies a to any person who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samam. Jan 11, 2015 by contrast, in india, by virtue of the hindu marriage act, 1955, both the husband as well as the wife has the right to go to court and seek dissolution of the marriage. Indian maintenance laws where maintenance can be demanded by a wife using 5 separate laws namely hindu marriage act 1955 sec 24, hindu marriage act 1955 sec 25, criminal procedure code sec 125, domestic violence act sec12 and hindu adoption and succession act section 18. The marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954.
Despite a very detailed chapter on the indian marriages in the indian constitution, most of the people in the country are unaware of the laws associated with marriages. Cabinet approves the marriage laws amendment bill, 2010. An act further to amend the divorce act, 1869, the dissolution of muslim marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and the hindu adoptions and maintenance act, 1956. Be it enacted by parliament in the sixth year of the republic of india as follows. A uniform and comprehensive law governing all hindus. Hindu marriage law need, impediments and policy guidelines.
It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. 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. At the same time, such a marriage may be got declared null and void by a decree of nullity by filing petition under section 11 of hindu marriage act. Cabinet approves the marriage laws amendment bill, 2010 to.
Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Constitutional validity of marriage laws amendment bill2010. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. People who are searching for hindu marriage act 1955 book pdf can find here. Mar 25, 2012 the marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. It proposes changes to the hindu marriage act, 1955 and special marriage act, 1954. Bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. The hindu marriage act attempted to right some of these wrongs by allowing a wife to seek divorce on the following grounds. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. The marriage laws amendment bill, 2010 advocatemmmohan. Hindu marriage act unlike west, marriage in india is regarded more as a religious and social affair than a legal affair. Dear sirs, i got married in june 2010, my wife was from indore, mp, i am basically from rajasthan.
The hindu marriage act, 1955 the hindu adoption and maintenance act, 1956 the hindu successtion act the indian penal code, 1860 the constitution of india, 1950 the indian evidence act, 1872 code of criminal procedure, 1973 secondary sources. A hindu marriage may be solemnized in accordance with the customary rites, rituals and ceremonies of either party thereto. Summary of hindu marriage act, 1955 your article library. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to. 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.
Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955. An act to amend and codify the law relating to marriage among hindus. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. After 67 months because of personal disputes, both the family decide for a divorce. 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. If it is physical, the court will have no problem to determine it. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to all hindus. Duties of wife and rights of husband under hindu marriage act answered by expert divorce lawyer. Hindu marriage act, 1955 with pdf download updated 2019. Hindu marriage act, 1955 has reformed hindu law of marriage. Marriages act, 1939, the special marriage act, 1954, the hindu.
Overall this is good piece of legislation which will help the hindu citizens of country in their matrimonial affairs. Duties of wife and rights of husband under hindu marriage act. Short title and extent 1 this act may be called the hindu marriage act, 1955. Case laws on hindu marriage act divorce lawyer in india nri.
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