Please click on the below links for more information. There was a necessity for codified law applicable to all hindus. Prior to the enactment of hindu marriage act, there were eight forms of marriage, four approved and four unapproved. 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 1955 indian bare acts india bare act. Here we have also given some reference books and related books pdf. Hindu marriage act, 1955 with pdf download updated 2019. 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. Grounds of divorce under hindu marriage act, 1955 indian. Hindu marriage and divorce act 1961 ch 250 jafbase. Legal procedure for registration of marriage in india ipleaders. The expression hindu in any portion of this act shall be construed as if it included a person who, though not a hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section. 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.
Section 5 and 12 of the hindu marriage act, are the pertinent provisions to determine whether hindu marriage is sacrament or contract. Hindu marriage act, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Three other important acts were also enacted as part of the hindu code bills during. Under the hindu marriage act,1955 certain conditions are necessary for a valid hindu marriage. Essential conditions of valid marriage legal bites. Table of contents chapteri preliminary 1 short title and extent. 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. Stay connected to all updated on hindu marriage act. She cannot do so under section 11 or 17 or any other provision of the act.
According to section 18 of hindu marriage act, anyone who procures a marriage for himself or herself in contravention of section 5iii may be punished with upto 15 days imprisonment or with a fine upto rs. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to all hindus. An act to regulate the marriage of and provide for matrimonial causes between. Ceremonies for a hindu marriage 1 a hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto.
Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955. Divorce 1 any marriage solemnized, whether before or after the commencement of this 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. Hindu marriage act section 12 and 125 indian kaanoon. According to section of hindu marriage act, 1955 lays down as under. 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. Be it enacted by parliament in the fifteenth year of the republic of india as follows. Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Jun, 2017 the hindu marriage act and the child marriage restraint act provide for punishment for such marriage. Get latest news, breaking news about hindu marriage act page 1. Summary of hindu marriage act, 1955 your article library. Marriage is the highest social relationship of a human being.
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. Latest and breaking news on hindu marriage act 2017. The hindu marriage act and the child marriage restraint act provide for punishment for such marriage. If it is physical, the court will have no problem to determine it. 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. It does not provide for solemnization of marriage by the registrar. This was owing to the large extent over which the hindu society was. Save as otherwise expressly provided in this act, a any text rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect. The hindu marriage act 1955 indian bare acts india bare. Section in the hindu marriage act, 1955 indian kanoon. 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 cruelty may be mental or physical, intentional or unintentional. In this actn odistricto means a hindu marriage district constituted under section 3. 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. Hindu marriage act, 1955 has reformed hindu law of marriage. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. The hindu marriage act is an act of the parliament of india enacted in 1955. Kaleem dean, the long awaited hindu marriage act, daily times oct. Hindu marriage act 1955 section 12 page 3 judgments. Hm act divorce and grounds of divorce under section of the. Registration of hindu marriage in india the hindu marriage. In hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code. Such a marriage is null and void from the very beginning. Background the hindu minority in pakistan is estimated to be about 1.
Hindu marriage act 1955 section citation 8817 bare act. A uniform and comprehensive law governing all hindus. After the adoption of the eighteenth amendment to the constitution in april. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views.
May 05, 2017 nullity of hindu marriage void marriage sec. 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. The hindu marriage act, 1955 boththe chief characteristics of hindu marriage, uiz. Read all latest updates on and about hindu marriage act page 1. Short title and extent 1 this act may be called the hindu marriage act. Those conditions have been laid own in sec 5 and 7of the act.
Hindu marriage act unlike west, marriage in india is regarded more as a religious and social affair than a legal affair. Aug 12, 2017 the hindu marriage amendment act, 1964 no. Hindu marriage essentials of valid hindu marriage in india. Manu, the great hindu law giver, has mentioned eight forms of hindu marriage, viz, brahma, daiva, arsa, prajapatya, asura, gandharva. It is also applicable to the persons if they have converted to any of these religions from any other religion. Download hindu marriage act 1955 in pdf hindu blog. Repealed by the child marriage restraint amendment, act. 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. 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. Ceremonies for a hindu marriage 1 a hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. By virtue of section 5 of the hindu marriage act 1955, a marriage will be valid only if both the parties to the marriage are hindus. Repealed by the child marriage restraint amendment act, 1978, w. Hindu marriage act basic provisions of hindu marriage act. Be it enacted by parliament in the sixth year of the republic of india as follows. The hindu marriage contemplated by the act hardly remains sacramental. Save as otherwise expressly provided in this act, a any text rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act. If two hindus wish to wed in india, they must do so pursuant to the hindu marriage act. People who are searching for hindu marriage act 1955 book pdf can find here. Explore hindu marriage act 2017 profile at times of india. In this act, unless the context otherwise requires. Divorce 1 any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a.
An act to amend and codify the law relating to marriage among hindus. People demanded that this relationship too must be squarely based on the free volition of the individual. Yes no or b in accordance with section 7a of the hindu marriage act. Hindu marriage act 1955 complete act citation 50935.
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