Introduction hindu marriage act 1955 india law by pravin gupta the hindu marriage act 1955 was enacted by the indian parliament in the year 1955 with the intention of regulating the personal life among the hindus, especially their institution of marriage, its legitimacy, conditions for divorce and applicability etc. Hindu marriage act 1955 have several acts in which all acts 5 acts are main, which is given below 1. Maintenance under section 24 of the hindu marriage act 1955. Maintenance under section 24 of the hindu marriage act. Apr 01, 2015 sec 1 of the hindu marriage act short title and extent. Annulment of marriage under hindu law laws in india. Summary of hindu marriage act, 1955 your article library. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. 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. Registration requirement of hindu marriage as per section 8 of the hindu marriage act 1955. Jun 23, 2018 divorce under the hindu marriage act, 1955 1.
Full text of hindu marriage act 1955 see other formats r. The hindu marriage contemplated by the act hardly remains sacramental. Petition for dissolution of marriage under section of. A uniform and comprehensive law governing all hindus.
It is a process, by which the physical union of a man and woman is legalised and thereby regulates the social life. Buy hindu marriage act, 1955 lawmanns book online at low. Hindu marriage act 1955 salient features of the hindu. Contravention of provision mentioned in section 5 clauses iii, iv and v shall be punishable as per section 18 of the hindu marriage act 1955. Section 19 of the act provides that every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction. Joint petition under section b, of the hindu marriage act, 1955. Section 2 of the hindu marriage act, 1955 expressly mention the person to whom the act is. The 1955 hindu marriage act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by. Section 122 in the hindu marriage act, 1955 2 notwithstanding anything contained in sub section 1, no petition for annulling a marriage a on the ground specified in clause c of sub section 1 shall be entertained if. May 18, 2016 1 this act may be called the hindu marriage act, 1955. Legal provisions of section 19 of the hindu marriage act, 1955. Section 12 in the hindu marriage act, 1955 12 voidable marriages. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Hindu marriage act 1955 section 12 page 2 judgments.
Section 1 short title and extent 1 this act may be called the hindu marriage act, 1955. As per section 8 of this act the following are the provisions related to registration of a hindu marriage. Be it enacted by parliament in the sixth year of the republic of india as follows. Paslegisb052016the sindh hindus marriagebill, 201 having been passed by the provincial 6 assembly of sindh on 15th thfebruary, 2016and assented to by the governor of sindh on 07 april, 2016 is hereby published as an act of the legislature of sindh. There are no rigid rules or laws of universal applications, which have to be adhered to while disposing of an application filed under section 24 of the act of 1955. It lays down that the legally wedded couple must live together throug. Pdf gender, mental illness and the hindu marriage act, 1955. She cannot do so under section 11 or 17 or any other provision of the act. Mar 01, 2017 matrimonial remedies under hindu marriage act, 1955 1. Hamara kanoon maintenance usec 125 of the criminal procedure code, 1973 duration. Hindu marriage act 1955 section divorce judgments. Air1957mad243 ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. Under section b 1, a divorce petition can be moved by a couple following a judicial separation of one year.
Our mission is to provide an online platform to help students to discuss anything and everything about essay. The hindu marriage act punjab and haryana high court. An act further to amend the hindu marriage act, 1955. Hm act divorce and grounds of divorce under section of the. It is a landmark in the history of social legislation. But the supreme court in its judgment in lata kumat v. Be it enacted by the parliament in sixth year of the republic of india as follows. Petition for divorce under section b hindu marriage act 1955. Hindu marriage act, 1955 has reformed hindu law of marriage. Such rules must, inter alia, provide that the parties to any such marriage. Sections 11 and 12 it will mean that as soon as a decree is passed the party aggrieved may appeal. Hindu marriage act 1955 section 12 judgments legalcrystal. It lays down that the legally wedded couple must live together.
Hindu marriage act, 1955 page 1 outside the said territories. Section 122 in the hindu marriage act, 1955 2 notwithstanding anything contained in sub section 1, no petition for annulling a marriage a on the ground specified in clause c of sub section 1. That before this petition, no petition or suit was filed either of the. The brief facts are that the parties got married on 1 st may 1987. Hindu marriage and divorce 3 issue 1 chapter 157 hindu marriage and divorce act arrangement of sections part i preliminary section 1. Feb, 2017 judicial separation under hindu marriage act. The hindu marriage act 1955 indian bare acts india bare act. 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. Hindu marriage act 1955 section 12 page judgments. Article pdf available in indian journal of medical ethics 121.
Be it enacted by parliament in the fifteenth year of the republic of india as follows. Judgments on family court matters adoption adoption hindu adoptions and maintenance act, 1956, section 16 presumption of. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Section 121 in the hindu marriage act, 1955 1 any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely. Aug 12, 2017 the hindu marriage amendment act, 1964 no. Section 121 in the hindu marriage act, 1955 indian kanoon.
Section 12 of hindu marriage act, 1955 deals with voidable marriages 1 any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely. What is the proof of a hindu marriage under section 8 of. This extends to personal laws inter alia in the matter. Buy hindu marriage act, 1955 lawmann s book online at best prices in india on. The hindu marriage act is an act of the parliament of india enacted in 1955. The act extends to the whole of india except the state of jammu and kashmir. Interpretation 1 in this act, except where the context otherwise requires. I1995dmc334 august 23, 1991 passed by the matrimonial court dismissing the petition of the husbandappellant for annulment of his marriage under section 12 1 c of the hindu marriage act, 1955 for hort the act. In order to facilitate proof of a hindu marriage the state government is authorised to make rules providing for registration of marriages.
Mar 19, 2015 divorce by mutual consent is addressed under s. Section 12 of the hindu marriage act 1955 voidable marriages section 12 1 any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely. Sixmonth cooling period for granting divorce can be. Apr 21, 2016 hindu marriage act 1955 have several acts in which all acts 5 acts are main, which is given below 1. Pdf section 5ii of the hindu marriage act, 1955 hma states that under certain circumstances, mental. Introduction hindu marriage act 1955 india law promatcher. Section 12 of the hindu marriage act 1955 voidable marriages section 12 1 any marriage solemnized, whether before or after the commencement of this act. The state governments has the power to make law related to registration of hindu marriage. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
There was a necessity for codified law applicable to all hindus. 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. Petition for divorce under section b hindu marriage act. An act to amend and codify the law relating to marriage. The section has no application to the cases of marriages declared null and void under sections 11 and 12 of the act and parties to such marriage could remarry as early as per their sweet will. Hindu marriage act 1955 section 12 page 3 judgments.
The act received the assent of the president of india in 1854955. Hindu husband can divorce wife if she tries to separate him from. Hindu marriage act, 1955 with pdf download updated 2019. Section 6 of the hindu marriage act specifies the guardianship for marriage. Section 18 of the hindu marriage act 1955 punishment for. Full text of hindu marriage act 1955 internet archive. Three other important acts were also enacted as part of the hindu code bills during this time. The appellant and respondent have filed the petition under section b 1 of the hindu marriage act, 1955 before the family court principal judge, family court, tiz hazari district courts, delhi. The hindu marriage act, 1955 was enacted by parliament.
Section of the hindu marriage act, 1955 divorce and grounds of divorce. Oct 09, 2016 hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Legal provisions of section 15 of the hindu marriage act, 1955. 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. Section 1 any marriage solemnized, whether before or after the commencement of the 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. This act may be called the hindu marriage amendment act, 1954, amendment of section. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. The hindu marriage act1955 advocatetanmoy law library. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a. The hindu marriage act, 1955 act 25 of 1955 18th may, 1955 an act to amend and codify the law relating to marriage among hindus. Short title this act may be cited as the hindu marriage and divorce act.
Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings. An act to amend and codify the law relating to marriage among hindus. Legal provisions of section 15 of the hindu marriage act, 1955 welcome to. The proof of a hindu marriage under section 8 of hindu marriage act, 1955 are as follows.
Section 12 in the hindu marriage act, 1955 indian kanoon. Matrimonial remedies under hindu marriage act, 1955 1. It appears that soon thereafter on 25 th january 1989, the appellant wife left the company of the respondent husband, but later she filed a petition for restitution of. Section 12 of the hindu marriage act, 1955 reads as follows.
Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. Short title and extent 1 this act may be called the hindu marriage act, 1955. Under section 11 hindu marriage act 1955, a marriage is void on any of the following three grounds these grounds apply to marriage, solemnised after the commencement of the act, i. Sc cuts down waiting period for divorce under hindu law by.