Any marriage solemnized in contravention of clause iii of section 5 is neither void nor voidable, the only consequence being that the persons concerned are liable for the punishment under section 18 and further if the requirements of clause iv of sub section 2 of section as inserted by the marriage laws amendment act, 1976 are. Table of contents chapteri preliminary 1 short title and extent. In the hindu marriage act, 1955 hereafter in this chapter referred to as the hindu. Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. Section 51 of the muslim marriage and divorce registration act, 1974, where a marriage is solemnized by the nikah or marriage registrar himself, he shall register the marriage at once. In this actn odistricto means a hindu marriage district constituted under section 3. Aug 26, 2019 indian legal system civil laws family laws the hindu marriage act, 1955 divorce section provisions. What are the grounds of divorce under the hindu marriage act. In exercise of the powers conferred by sub section 1 of s. Petition for divorce under section hindu marriage act 1955.
These rules may be called the kerala hindu marriage registration rules, 1957 2. The government has also decided to amend section 39 of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. 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. In section 23 of the hindu marriage act, in sub section 1, in clause a, after the. These theory includes section 1i, 1ia, 1ib, 2 of the hindu marriage act. A, divorce, from the hindu marriage act, by advocate raman devgan. Section in the hindu marriage act, 1955 indian kanoon. Be it enacted by parliament in the fifteenth year of the republic of india as follows. Download beautiful, colourful hindu marriage act pdf. This act may be called the hindu marriage amendment act, 1954, amendment of section. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
Section of the hindu marriage act, 1955 divorce and grounds of divorce. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together. Section originally had two sub sections but with various amendments, its scope has chan. Jul 16, 2015 the appellant has preferred the aforesaid composite petition invoking section 1ia and section 121a of the hindu marriage act, 1955 hma against the respondent. 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. 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.
May 22, 2020 the essential conditions of a valid hindu marriage is defined under section 5 and section 7 of the hindu marriage act, 1955 and section 8 of the act deals with registration of marriages. The husband, then, sought an amendment to the petition to include the ground to challenge the marriage itself, as he alleged that his wife was mad at the time of marriage itself and hence the marriage be declared void due to concealment of material fact under section 12 of hindu marriage act, 1955. This article provides for several grounds of divorced embodied under section of the hindu marriage act, 1955. In the hindu marriage act, 1955, in section, in subsection 1, clause iv. Section 14no petition for divorce to be presented within one year of marriage according to this section no court shall entertain a petition for divorce before the expiration of a period of one year from the date of marriage. Hindu marriage register maintained under section 8. If a marriage is solemnized by the essential conditions and existing valid customs it can be registered. Divorce 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. 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. Petition for divorce under section hindu marriage act. The second marriage by a convert would therefore be in violation of the act and as such void in terms of section 494 ipc. Mar 23, 2018 section 24 in the hindu marriage act, 1955.
This video is based on section of the hindu marriage act, 1955. Nov 25, 2020 as per section 1 of the hindu marriage act, 1955, either party to the marriage, after the solemnization of the marriage, can file a petition before the civil court of the district praying for dissolution of the hindu marriage on any of the following grounds that cruelty. An act further to amend the hindu marriage act, 1955. Divorce under hindu marriage act, 1955 ipleaders blog. Section 1ib of the hindu marriage act, provides that a decree of divorce may be granted on the ground that the other party has deserted the petitioner for continuous period of not less than 2 years immediately preceding the presentation of the petition. Mar 19, 2015 section b of the hindu marriage act, 1955 and section 28 of the special marriage act, 1954 deals with the provision of divorce on grounds of mutual consent. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. The nomenclature of the existing the hindu marriage act rules, 1988 is.
An act to amend and codify the law relating to marriage among hindus. What is section 23 in the hindu marriage act, 1955. This project will analyse these sections and also deal with the various amendments incorporated in these sections. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. Maintenance to wife is a very complicated issue under hindu marriage act. The hindu marriage act, 1955 provides for 2 ways to obtain divorce from the spouse. Short title and extent 1 this act may be called the hindu marriage act, 1955.
Judicial separation under hindu marriage act, 1955 ipleaders blog. Repealed by the child marriage restraint amendment act, 1978, w. Sudesh kumar, adj, new delhi, at the time of first motion 3 annexure 2colly certified copy of the petition under. Grounds of divorce under section of hindu marriage act. Marriage officers may act in any part of trinidad and tobago. Explanation this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976 68 of 1976.
The interesting factual matrix of the case is that, earlier, the appellant was married to one rachna agarwal. Section 10 of the hindu marriage act, 1955 provides the judicial separation for both the spouse, those who are married under the hindu. Petition under section of hindu marriage act 1955 by a hindu wife for dissolution of marriage by a decree of divorce. Under the hindu marriage act, if the marriage takes place in spite of the fact that a party to that marriage had a spouse living, such marriage would be void under section 11 of the hindu marriage act. Sections 14 and 21 on the hindu marria e act, 1955. Registration of marriage under hindu law our legal world. That that grounds for divorce, as enumerated in section of the hindu marriage act, 1955, are reproduced hereinunder, for an instant reference.
It is often stated as a mean to exploit the husband by asking alimony for life. 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, 1955 page 1 hindu marriage act, 1955 hindu marriage act,1955 25 of 1955,dt. Sample hindu marriage act case law delhi law academy. In the dissolution of muslim marriages act, 1939, in section 2. However, with the changing needs of society, the hindu marriage act was. The question whether the two are sapindas of each other is to be decided on the basis of the definition as laid down under the hindu marriage act,1955. Section 1ia of the hindu marriage act 1955 archives. Short title and extent 1 this act may be called the hindu marriage act. Here we have also given some reference books and related books pdf. 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. Aug 23, 2019 under section 2 iv of the hindu marriage act, 1955, according to the marriage laws amendment act,1976 where the marriage of a girl whether consummated or not solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years, the girl can obtain a. Mar 19, 2021 as stated in section 8 of the act, the state government may make rules for the registration of hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the hindu marriage register. Hm act divorce and grounds of divorce under section of.
If any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of sub section 1 of section , the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a. Section hindu marriage act, 1955 bare act, bare act pdf. In august 2009, she had filed a divorce petition under section 1ia of the hindu marriage act, 1955 which was allowed by the additional district judge and thus their marriage was dissolved. Legal provisions of section 14 of the hindu marriage act, 1955. Section a also provides a divorce through mutual consent where both the parties.
The learned adj passed a decree of divorce on the ground of cruelty under section 1ia of the hma in favour of the appellant and, at the same time, the relief sought. Supreme court of india important judgments related to section of hindu marriage act 1955. What the section provides for is that the party needs to have deserted the petitioner for a continuous that is to say, uninterrupted period of not less than 2 years immediately. Section 52 where a marriage is solemnized by a person other than the nikah registrar, the bridegroom of the marriage shall report it to the. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. 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. Conversion to islam and marrying again would not, by itself, dissolve the hindu marriage under the act. Be it enacted by parliament in the sixth year of the republic of india as follows. This clause applies whether the marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976. Such a marriage is also described as void under section 17 of the hindu marriage act under which an offence of bigamy has been created. In exercise of the powers conferred by section 8 of the hindu marriage act, 1955 act no. Prior to the marriage laws amendment act, 1976, no court could entertain a petition for divorce before the expirations of three years from the. Hindu marriage act 1955 pdf free download notes finance. These are bare act provisions of section of the hindu marriage act, 1955.
In section 21a of the hindu marriage act, in sub section 1, after the word and figures section , at both the places where they occur, the words, figures and letter or section c shall be inserted. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. It is colourful, with section links and looks just like this written post. Be it enacted by parliament in the fifth year of the republic of india as follows chapter i preliminary 1. Hm act divorce and grounds of divorce under section of the. The provisions of section shall be discussed in upcoming articles. Under the hindu law, section 1 2ib of the hindu marriage act, 1955 mentions desertion as a ground for divorce. Mutual divorce petition format india pdf download legal. Hindu marriage act, 1955 bare acts law library advocatekhoj. Hindu adoptions and maintenance act 1956 hindu minority and guardianship act 1956 hindu succession act 1956. Hindu marriage act, 1955 with pdf download updated 2019.
947 1548 365 1693 1300 1207 1110 697 1285 92 192 219 1673 362 510 1719 1048 437 470 1672 46 1328 581 844 1434 604 92 91 379 1708 1241 728 1308 775 458 390 1447 664 929