The hindu marriage act 1955 indian bare acts india bare act. For this section to apply there are certain requirements which have to be met and fulfilled by both the parties to the divorce which can be stated as follows. Introduction hindu marriage act 1955 india law promatcher. Law, titles of legal articles are formatted according to the citation convention of that laws jurisdiction. Three other important acts were also enacted as part of the hindu code bills during this time.
The person married may be a minor, or even of unsound mind, and yet, if the marriage rile is duly solemnised, there is a valid marriage. A marriage may be solemnized between any two hindus, if. Full text of hindu marriage act 1955 see other formats r. Be it enacted by the parliament in sixth year of the republic of india as follows. This extends to personal laws inter alia in the matter.
The hindu marriage act is an act of the parliament of india enacted in 1955. Apr 01, 2015 sec 1 of the hindu marriage act short title and extent. The hindu marriage act1955 advocatetanmoy law library. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz that 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too. Punishment for bigamy under hindu law and indian penal code section 494 and 495. However, the sagotra marriage were validated by the hindu marriage disabilities removal act,1946. The hindu marriage act was passed in 1955, and it was pushed in the lap of hindu society by the then newly constituted parliament with the. Maintenance pendente lite and expenses of proceeding.
It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. Grounds for divorce under hindu marriage act 1955 and. It studies the different theories of divorce fault, mutual. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Chapter 6 study of various aspects of hindu marital laws. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus.
A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely. Provision related to nullity of marriage and divorce are in section 11 of this act. The hindu marriage act attempted to right some of these wrongs by allowing a wife to seek divorce on the following grounds. As per the provision of the hindu marriage act, 1955, a marriage is called valid subject to the fulfillment of the following conditions. An act to amend and codify the law relating to marriage among hindus. Full text of hindu marriage act 1955 internet archive.
India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Page 4 of 7 hindu marriage act, 1955 able to consummate the marriage, and unfit for the procreation of children. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from. The hindu marriage act 1955 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the hindu marriage act 1955 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. Hindu marriage act 1955 complete act citation 50935. The act received the assent of the president of india in 1854955. The hindu marriage act punjab and haryana high court. 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. Hindu marriage act 1955 salient features of the hindu. The following are the salient features of the hindu marriage act,1955. Divorce means the dissolution of marriage by a competent court. Though it speaks only of the law relating to marriage, yet the act itself lays down rules relating to the solemnization and requirements of a valid hindu marriage as well as restitution of conjugal rights, judicial separation, nullity of marriage, divorce. The hindu marriage contemplated by the act hardly remains sacramental.
Mar 01, 2017 matrimonial remedies under hindu marriage act, 1955 1. The act makes a monogamy a rule of law for all hindus, and b divorce available to all hindus. If a marriage contravenes the the conditions specified in section v clauses i, iv and v of the act, either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act, 1955 25 of 1955,dt. Here we have also given some reference books and related books pdf.
Matrimonial remedies under hindu marriage act,1955 1. 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. The brief facts are that the parties got married on 1 st may 1987. What are the main changes introduced in the hindu marriage. 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. Hindu marriage act, 1955 has reformed hindu law of marriage. 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. The act extends to the whole of india except the state of jammu and kashmir. A person whose husband or wife is living marry again will be punishable section 17 of the hindu marriage act 1955. The preamble to the hindu marriage act suggests that it is an act to amend and codify the law relating to marriage among hindus.
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. It is a landmark in the history of social legislation. 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. Hindu marriage act, 1955 bare act men rights india. Act lowers these limits to 5 degrees on the fathers side and 3 degrees on the mothers side. An act to amend and codify the law relating to marriage. Sec 1 of the hindu marriage act short title and extent. Be it enacted by parliament in the sixth year of the republic of india as follows. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Summary of hindu marriage act, 1955 your article library. Hindu marriage act 1955 section 12 page 3 judgments. 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. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. This act may be called the hindu marriage act, 1955.
The hindu marriage act further deals with every topic related to marriage including registering a marriage, ceremonies, divorce and grounds for divorce, alimonies and remarriage. The wifes claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same sociolegal scheme revolutionizing the law applicable to hindus. Table of contents chapteri preliminary 1 short title and extent. This rule as been incorporated under section 291 of the hindu marriage act, 1955. Section 5 of the act of 1955 prescribes conditions for a valid hindu marriage. Hindu marriage act pdf download hindu marriage act 1955 in. It lays down as a precondition of hindu marriage that neither party to the marriage should have a spouse living at the time of the marriage. Rules regulations notifications orders circulars statutory ordinance statutes. Understanding the concept of marriage under hindu marriage. 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. The hindu marriage act, 1955 is enacted to amend and codify the law relating to marriage among hindus. Hindu marriage act 1955 complete act citation 50935 bare. Application to family court judge where consent refused. Hindu marriage act pdf download hindu marriage act 1955.
Provisions of indian penal code section 494 and 495 are also applicable in this case. The above view does not remain valid in view of certain provisions of hindu marriage act of 1955 as also the marriage law amendment act, 1976. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody. In india, it appears the proper title is the hindu marriage act, 1955 with the word the in front.
The hindu marriage act 1955 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the hindu marriage act 1955 national security, others, procedural and administration, property related, public utilities, shipping laws, tax. General of marriages under the marriage act marriage officer means a person licensed as a hindu. Short title and extent 1 this act may be called the hindu marriage act, 1955. A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. Short title and extent 1 this act may be called the hindu marriage act. People who are searching for hindu marriage act 1955 book pdf can find here. The hindu marriage act 1955 indian bare acts india bare. 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. The hindu marriage act, 1955 was enacted by parliament. The hindu marriage act, 1955legislative department ministry of. A marriage to be valid, it is necessary to perform certain ceremonies, shastraic or customary.
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