The following are the salient features of the hindu marriage act,1955. Full text of hindu marriage act 1955 internet archive. It is not good for jains as it clubs jains with hindus. The hindu marriage act1955 advocatetanmoy law library. According to section 5 of the act marriage can be solemnised between two hindus. Hindu marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the hindu marriage act, 1955, which came into force on 18th may, 1955.
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. The aim of the paper is to make the peruser mindful of the arrangements of divorce under the hindu marriage act, 1955. Section of the hindu marriage act provides for grant of divorce in certain cases. Law, titles of legal articles are formatted according to the citation convention of that laws jurisdiction. 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. Hindu marriage act 1955 complete act citation 50935. Hindu marriage act, 1955 bare act men rights india. Grounds for divorce under hindu marriage act 1955 and special. Section21 application of act 5 of 1908 section21a power to transfer petitions in certain cases section21b special provision relating to trial and disposal of petitions under the act.
The hindu marriage act, 1955 usage applicable to them permits such a marriage between them 8. Understanding the concept of marriage under hindu marriage. Section of the hindu marriage act, 1955 provides the specific ground for divorce,on the basis of which one can get the decree. The hindu marriage act, 1955 is enacted to amend and codify the law relating to marriage among hindus. 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.
Be it enacted by the parliament in sixth year of the republic of india as follows. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. The hindu marriage act,1955 law commission of india. Aug 07, 2014 state government may make rules for registration in hindu marriage register ii. Earlier weve provided the list of sections in the hindu marriage act 1955. Grounds for divorce under hindu marriage act 1955 and.
Hindu marriage act 1955 complete act citation 50935 bare. 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. Be it enacted by parliament in the sixth year of the republic of india as follows. Please click on the below links for more information. Divorce under hindu marriage act,1955 law for women. Rules regulations notifications orders circulars statutory ordinance statutes. Matrimonial remedies under hindu marriage act,1955 1. Hindu marriage act, 1955 has reformed hindu law of marriage. Legal provisions of section 19 of the hindu marriage act, 1955. An act to amend and codify the law relating to marriage. A marriage may be solemnized between any two hindus, if. Maintenance under section 24 of the hindu marriage act. Full text of hindu marriage act 1955 see other formats r.
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. The act received the assent of the president of india in 1854955. The hindu marriage act 1955 indian bare acts india bare act. Under section 24 of the act of 1955, an order of maintenance is only pendentelite proceedings. 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. This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any ceremony. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. 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. 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. In india, it appears the proper title is the hindu marriage act, 1955 with the word the in front.
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. Section 2 of the hindu marriage act 1955 and its applicability to religions. Here we have also given some reference books and related books pdf. Home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. Hindu by religion in any of its forms or developments virashaiva, lingayat. The hindu marriage act, 1955 was enacted by parliament. Nullity of marriage and divorce as per section 11 of the hindu marriage act 1955. Apr 28, 2017 act may be called the hindu marriage act, 2017.
Short title and extent 1 this act may be called the hindu marriage act, 1955. It is a landmark in the history of social legislation. It extends to the whole of india except the state of jammu and kashmir, and applies also to hindus. General of marriages under the marriage act marriage officer means a person licensed as a hindu. The following proceedings under the act shall be instituted by original petitions which shall be numbered serially. Introduction hindu marriage act 1955 india law promatcher. May 18, 2016 i 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. Voidable marriages section 10 of the hindu marriage act home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. Hindu marriage act 1955 section citation 8817 bare act. The hindu marriage act 1955 indian bare acts india bare. Voidable marriages section 10 of the hindu marriage act. Three other important acts were also enacted as part of the hindu code bills during.
The hindu marriage act 1955 introduction, definition. The hindu marriage contemplated by the act hardly remains sacramental. Also the jaina marriage laws in jaina shastras are different as compared to hindu marriage laws in hindu shas. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. Study of related theories and sections of hindu marriage act, 1955. Hindu marriage act 1955 section citation 8817 bare. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Registration of hindu marriage in india the hindu marriage. The hindu marriage act is applicable in cases where both husband and wife are hindus, buddhists, jains or sikhs or where they have converted into any of these religions. What are the conditions for a hindu marriage as per the hindu marriage act 1955. May 05, 2017 application of act sec2 the hindu marriage act, 1955 applicable to all hindus, buddhists, jains and sikhs. 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. People who are searching for hindu marriage act 1955 book pdf can find here.
Divorce means the dissolution of marriage by a competent court. The hindu marriage act is an act of the parliament of india enacted in 1955. Summary of hindu marriage act, 1955 your article library. A hindu marriage, which has already been solemnized in accordance with the religious customs and rituals, can be registered under the hindu marriage act, 1955. A uniform and comprehensive law governing all hindus. In other words, even though sikhs, jains or buddhist may not be hindus by religion, they are governed by this act like hindus. Hindu marriage act 1955 salient features of the hindu. A marriage between a hindu man who converted as christian and a christian lady in a hindu form is not a valid marriage. Important provisions of the hindu marriage act, 1955 are examined in this paper with a view to emphasising the points that. 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. 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 the above conditions are fulfilled, a hindu male and a hindu female can solemnise their marriage. Section 5 of the act of 1955 prescribes conditions for a valid hindu marriage.
Mar 01, 2017 matrimonial remedies under hindu marriage act, 1955 1. Legal provisions of section 15 of the hindu marriage act, 1955 welcome to. The hindu marriage act 1955 law relating to marriage among hindus. Short title and extent 1 this act may be called the hindu marriage act.
Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. State government may make rules for registration in hindu marriage register ii. Introduction hindu marriage act 1955 india law by pravin gupta. Act lowers these limits to 5 degrees on the fathers side and 3 degrees on the mothers side. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects.
Three other important acts were also enacted as part of the hindu code bills during this time. Jun 29, 2016 divorce by mutual consent is addressed under s. Karnataka high court hindu marriage rules, 1956 1 the act referred to in these rules shall mean the hindu marriage act, 1955. Today in this article, we are providing the introduction, definition, purpose, applicability of the hindu marriage act 1955. Amendments to the hindu marriage act describe about the insertion of new sections, wifes right to oppose petition and restriction on legal orders for divorce cases.
The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. An act to amend and codify the law relating to marriage among hindus. There was a necessity for codified law applicable to all hindus. Section 5 of the hindu marriage act 1955 conditions. 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.
272 548 1068 1255 768 1277 1118 1285 726 1040 1453 863 617 234 231 587 1367 604 1098 972 768 1174 1130 113 1589 1474 595 474 1304 1123 261 376 1162 775 833 1338 442