Short title and extent - (1) This act may be called the Hindu Marriage Act, (2 ) It extends to the whole of India except the State of Jammu and Kashmir and. An Act to amend and codify the law relating to marriage among Hindus. 1) This Act may be called the Hindu Marriage Act,. (2) It extends to the whole of. The document is an Act to amend and codify the law relating to marriage among Hindus. Attachments. Hindu Marriage Act raudone.info ( KB, K.
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tively Civil Registrar of Marriages and the Registrar-. General of Marriages under the Marriage Act;. “marriage officer” means a person licensed as a Hindu. (iii) a marriage solemnised under the Hindu Marriage and Divorce Ordinance,. , of Marriage Act, , of India, or any enactment substituted for that. the Hindu Marriage Act, and with orders for the maintenance of children practice in most matrimonial proceedings under the Hindu Marriage Act. Further, .
The bridegroom and the bride must have completed 21 years and 18 years of age respectively.
Is it necessary for both the parties to the marriage to appear before the Registrar? Ans: Yes.
It is required under the law. Whether a marriage between a citizen of India and a citizen of any other country can be registered either under the Hindu Marriage Act or the Special Marriage Act? The above Acts are applicable only to the citizens of India. What is the procedure for the registration of a marriage?
An application for the registration shall be in FORM A and shall be signed by each party to the marriage or by the guardian. Such a party shall be presented in person before the Registrar in whose jurisdiction either party to the marriage has been residing for at least six months immediately preceding the date of marriage.
The party has to append proof of age and marriage photo Both the parties to the marriage and the guardian if any, appear before the marriage Registrar personally.
The application for registration of marriage shall be presented within one month of the date of solemnization of the marriage. The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act Jains, Buddhists, or Sikhs as specified in Article 44 of the Indian Constitution. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.
According to Hinduism, marriage is a sacred relationship.
Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed.
Some have argued that Hindu marriage cannot be subjected to legislative intervention.
Derrett predicted in his later writings that despite some evidence of modernization, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation.
Section 5  of Hindu Marriage Act, states: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely -.
Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; . The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy.
In the original Act, the age of valid marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21 and 18 respectively for the boys and the girls through the Child Marriage Restraint Amendment Act Marriage of a female less than 18 years of age or a male of less than 21 years of age is voidable but not void: The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships. Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages.
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party.
Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. The marriage becomes complete and binding when the seventh step is taken.
Page:Hindu Marriage (Amendment) Act 1964.pdf/1
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. This registration is for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before the state legislature.
A marriage can only be solemnized if neither party has a living spouse at the time of marriage. The parties are sapindas or within the degree of prohibited relationship.
The Hindu Marriage Act, 1955
Voidable marriages A marriage may later be voidable annulled if it contravenes any of the following: Either party is impotent, unable to consummate the marriage, or otherwise unfit for the procreation of children.
One party did not willingly consent. In order to consent, both parties must be sound of mind and capable of understanding the implications of marriage.
If either party suffers from a mental disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not or could not be given. Likewise, if consent was forced or obtained fraudulently, then the marriage may be voidable. The bride was pregnant by another man other then the bridegroom at the time of the marriage.
Ceremonies Section 7 of the Hindu Marriage Act recognises that there may be different, but equally valid ceremonies and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom.
These rites and ceremonies include the Saptapadi and Kreva. Registering a marriage A marriage cannot be registered unless the following conditions are fulfilled: a ceremony of marriage has been performed; and the parties have been living together as husband and wife Additionally,the parties must have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.
Section 8 of the Hindu Marriage Act allowsastate government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register.
Registration provides written evidenceof marriage. As such, the Hindu Marriage Register should be open for inspection at all reasonable times allowing anyone to obtain proof of marriage and should be admissible as evidence in a court of law. Divorce Although marriage is held to be divine, the Hindu Marriage Act does permit either party to divorce on the grounds of unhappiness, or if he or she can prove that the marriage is no longer tenable.
A petition for divorce usually can only be filed one year after registration. However, in certain cases of suffering by the petitioner or mental instability of the respondent, a court may allow a petition to be presented beforeone year. Grounds for divorce A marriage may be dissolved by a court order on the following grounds: Adultery - the respondent has had voluntary sexual intercourse with a man or a woman other than the spouse after the marriage.
Cruelty - the respondent has physically or mentally abused the petitioner. Desertion - the respondent has deserted the petitioner for a continuous period of not less than two years. Conversion to another religion - the respondent has ceased to be a Hindu and has taken another religion.Bandaru Pavani. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.
Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to certain conditions. A marriage or are sapindas of each other the marriage is void unless may be void Marriage if it has a Living spouse at the the custom or usage governing each of them permits of a time of marriage b Marriage under Prohibited degrees marriage between them, the marriage is not merely, void- of relationship c Marriage under Sapinda relationship.
For all other years, it was possible to collect the details of annulment cases filed only under Section 12 1 b or Section 12 1 c or divorce cases under Section 13 1 iii.
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