So, the act, though enacted as hindu marriage act, applies not merely to hindus by religion, it also applies to persons who profess other religions sikh, jain or buddhist. Section 101 of the hindu marriage act 1955, said that whether the marriage of the party was solemnized before or after this act, may present the decree of judicial separation on any ground. Application form for hindu marriage registration, used in india. Short title and this act may be called the hindu arriage. The hindu marriage act, 1955 volume 6 issue 2 paras diwan. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. The hindu marriage act,1955 law commission of india. Matrimonial remedies under hindu marriage act,1955 1. Hindu marriage act, 1955 is enacted as part of the hindu code bills the hindu marriage act 1955 provides guidance for hindus to be in a systematic marriage bond. All marriages which have been solemnized before or after the marriage laws amendment act 1976 are entitled to make use of the provision of divorce by mutual consent. Stey by step procedure to file for a mutual divorce. Contents application of act conditions of hindu marriage o conditions o ceremonies nullity of hindu marriage o void marriage o voidable marriage remedies available o judicial separation o restitution of conjugal rights o divorce o maintenancealimony custody of children other. She cannot do so under section 11 or 17 or any other provision of the act.
It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. The wife need to file a complaint against her husband and if found there is no such litigation, than she has no. The publishers of the blog shall not be liable for any act or omission based on this note the offence of bigamy or marrying again during lifetime of husband or wife is punishable under section 494 of the penal code s. 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. The updating and uploading of rules, regulations, notifications, etc. Show all sections the hindu marriage act, 1955 preliminary. In other words, even though sikhs, jains or buddhist may not be hindus by religion, they are governed by this act like hindus. Here we have also given some reference books and related books pdf. The hindu marriage act was enacted in 1955 by an act of the parliament. The hindu marriage contemplated by the act hardly remains sacramental. It is not to be substituted for legal advice or taken as legal advice. It enacts that any marriage solemnized whether before or after the commencement of the act may be dissolved on a petition presented either by the husband or by. In this act, unless the context otherwise requires,a the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among hindus in any local area, tribe, community, group or family. Clauses a, b and c of subsection 1 of section 2 make the act applicable to a person who is a hindu by religion in any.
Hindu marriage act, 1955 bare act with downloadable pdf. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. The following proceedings under the act shall be entitled by original petitions. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. It extends to the whole of india except the state of jammu and kashmir, and applies also to 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. The hindu marriage act 1955 introduction, definition. Pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. Hindu marriage act, 1955 bare acts law library advocatekhoj. Grounds of divorce according to hindu marriage act 1955 talaak ke aadhar hindi is video me aap janege ki hindu vivah adhiniyam 1955 ke anusar talaak ke aadhar kya hai. The hindu marriage act, 1955legislative department.
An act to amend and codify the law relating to marriage among hindus. Frequently asked questions on hindu marriage act, 1955. 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 and extent 1 this act may be called the hindu marriage act, 1955. Contains all enforced central and state acts linked with subordinate data. The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. There was a necessity for codified law applicable to all hindus. The hindu marriage act 1955 english bare act apps on. The bill seeks to amend the child marriage restraint act, 1929, to increase the minimum age of marriage from fifteen to sixteen for females and from eighteen to twentyone for males and to make consequential amendments in the hindu marriage act, 1955, and the indian christian marriage act, 1872. Grounds for divorce under hindu marriage act 1955 and. It also contains provisions relating to separation and divorce.
Hindu marriage act, 1955 mylegalwork online legal help. Please click on the below links for more information. People who are searching for hindu marriage act 1955 book pdf can find here. 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 hindu marriage act was passed in 1955, and it was pushed. The hindu marriage act, 1955 is an act to amend and codify the law relating to marriage. Hinduswhich includes sikh, jain, budh are governed by hindu marriage act,1955. Divorce by mutual consent in india step by step procedure. Petition for divorce under section b hindu marriage act. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Petition for divorce under section b hindu marriage act 1955. The hindu marriage act by an act of the parliament of india enacted in 1955.
Divorce under hindu marriage act,1955 law for women. The hindu marriage act, 1955 applicable to only hindus which maintain and create laws or provisions for the maintenance of wife. 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. The hindu marriage act is an act of the parliament of india enacted in 1955. In this case, estranged spouses can mutually agree to a settlement and file for a nofault divorce under section b of the hindu marriage act 1955. It brought uniformity of law for all the sections of hindus. The document is an act to amend and codify the law relating to marriage among hindus. Who is governed by the act hindu marriage act 25 of 1955, came into force on 18th of may, 1955. Page 4 of 7 hindu marriage act, 1955 able to consummate the marriage, and unfit for the procreation of children. Section 10 of the hindu marriage act 1955, talks about the judicial separation, and it simply means suspension of conjugal rights for some time. The main objective of this act is to amend and codify the hindu marriage laws. Available formats pdf please select a format to send. The hindu marriage act, 1955legislative department ministry of. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt.
Summary of hindu marriage act, 1955 your article library. 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. A uniform and comprehensive law governing all hindus. Be it enacted by parliament in the sixth year of the republic of india as follows. It is a landmark in the history of social legislation. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. Hindu marriage act, 1955 has reformed hindu law of marriage. Telugulegislative department ministry of law and justice goi. Application form for registration of marriage under. Section 2 of the act specifies the persons to whom the act is applicable. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Grounds of divorce according to hindu marriage act 1955. Who is a hindu for the purposes of the applicability of the hindu marriage act, 1955 is a question of law to be determined in this appeal. It has amended and codified the law relating to marriage solemnized between two hindus.
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