The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The provisions of the act have now merged in the hindu marriage act. Be it enacted by parliament in the sixth year of the republic of india as follows. Hindu by religion in any of its forms or developments virashaiva, lingayat. Divorce means the dissolution of marriage by a competent court. She cannot do so under section 11 or 17 or any other provision of the act. Hindu marriage act 1955 section citation 8817 bare. Hindu marriage act 1955 complete act citation 50935. Section 29 of the hindu marriage act 1955 contains provision related to savings and the effect of marriage solemnized between hindus before the commencement of the act. The following are the salient features of the hindu marriage act,1955.
Hindu marriage act, 1955 has reformed hindu law of marriage. Section18 punishment for contravention of certain other conditions for a hindu marriage. Introduction hindu marriage act 1955 india law promatcher. Section 7 of the hindu marriage act, 1955 says that i a hindu marriage may be. Hindu marriage act pdf download hindu marriage act 1955. Matrimonial remedies under hindu marriage act,1955 1. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. 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.
This act may be called the hindu marriage amendment act, 1954, amendment of section. 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. Section19 court to which petition shall be presented. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions. As per the provision of the hindu marriage act, 1955, a marriage is called valid subject to the fulfillment of the following conditions. The hindu marriage act, 1955 boththe chief characteristics of hindu marriage, uiz. The act received the assent of the president of india in 1854955. Karnataka high court hindu marriage rules, 1956 1 the act referred to in these rules shall mean the hindu marriage act, 1955. In india, it appears the proper title is the hindu marriage act, 1955 with the word the in front.
The hindu marriage act is based on the fault theory in which any one of the spouses can approach the court of law and seek the remedy of. The hindu marriage contemplated by the act hardly remains sacramental. A manual of hindu law on the basis of sir thomas strange. It lays down as a precondition of hindu marriage that neither party. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955.
Hindu marriage act 1955 salient features of the hindu. Be it enacted by parliament in the fifteenth year of the republic of india as follows. An act to amend and codify the law relating to marriage. Rajasthan high court, jaipur, and lecturer, university law college. Hindu marriage act, 1955 relevant sections chapter iv. 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.
Grounds for divorce under hindu marriage act 1955 and. The hindu marriage act, 1955legislative department ministry of. Whether the marriage solemnized between hindus before the commencement of the hindu marriage act 1955 is valid. An act further to amend the hindu marriage act, 1955. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Salient features of the hindu marriage act, 1955 legal services india. Hindu marriage act, 1955 bare act men rights india. The hindu marriage act1955 advocatetanmoy law library. 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. State government may make rules for registration in hindu marriage register ii. The hindu marriage act 1955 does not apply in the state of goa and the. Salient features of the hindu marriage act, 1955 hindu marriage act, 1955 has reformed hindu law of marriage. The hindu marriage act, 1955 was enacted by parliament. Sec 1 of the hindu marriage act short title and extent.
It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. The following proceedings under the act shall be instituted by original petitions which shall be numbered serially. Page 3 of 7 hindu marriage act, 1955 the two souls. Be it enacted by the parliament in sixth year of the republic of india as follows. Still, misunderstandings rise at time to time, and if not dealt nicely can even reach a stage of divorce. Full text of hindu marriage act 1955 internet archive. 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. Hindu marriage act, 1955 and the law laid down in the special marriage. It is a landmark in the history of social legislation. Application of act sec2 the hindu marriage act, 1955 applicable to all hindus, buddhists, jains and sikhs. Hindu marriage act 1955 have several acts in which all acts 5 acts are main, which is given below 1. The hindu marriage act 1955 indian bare acts india bare.
Short title and extent 1 this act may be called the hindu marriage act. An act to amend and codify the law relating to marriage among hindus. 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. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. The hindu marriage act set out every condition regarding marriage by a hindu couple and these are coded in the section 5 of the hindu marriage act. Summary of hindu marriage act, 1955 your article library. 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. Preliminary amendments to the hindu marriage act, 1955 amendments to the special marriage act, 1954 extracts from the hindu marriage act, 1955 25 of 1955 extracts from the special marriage act. The brief facts are that the parties got married on 1 st may 1987. Law, titles of legal articles are formatted according to the citation convention of that laws jurisdiction. 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. 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.
Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. What are the grounds of divorce under the hindu marriage act, 1955. The hindu marriage validity act, 1949 validated intercaste marriages between. Laws on registration of marriage and divorce law commission of. Protection of women from domestic violence act, 2005 and rules, 2006 gujarati 2019 edition regular price. The act also repeals all the existing forms of hindu marriage pleader. In any proceedings under the hindu marriage act 1955, whether it is defended or not the court can pass decree if. The hindu marriage contemplated by the act hardly remains. The act makes a monogamy a rule of law for all hindusy1 and b divorce available to all hindus.
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