Hindu Marriage Act, 1955

Hindu Marriage Act,1955

The Hindu Marriage Act by an Act of the Parliament of India ordered in 1955. Three other essential acts were likewise instituted as a component of the Hindu Code Bills amid this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).

In view of proposals of the Law Commission, an enactment was proposed. The Marriage Laws (Amendment) Bill, 2010 to alter the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce less demanding on ground of hopeless breakdown of marriage was presented in the parliament in 2012. The Bill replaces the words “not sooner than a half year” in Section 13-B with the “Endless supply of an appeal.”

Marriage Laws (Amendment) Bill, 2010 influences comparative corrections to the Special Marriage To act, 1954 by supplanting the words “not sooner than a half year” in Section 28 with the “Endless supply of an appeal” and gives limitation on pronouncement to separate influencing youngsters conceived without any father present.

SECTION 3 – DEFINITIONS –

Section 3(d) – ‘uterine blood’ – two persons are said to be related to each other by uterine blood when they are descended from a common ancestors but by different husbands.
Section 3(f) – ‘Sapinda relationship’ – two persons are said to be ‘sapindas’ of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relation-ship with reference to each of them.
Section 3(g) – ‘degrees of prohibited relationship’ – two persons are said to be within the ‘degrees of prohibited relationship’, —
1.If one is a lineal ascendant of the other; or
2.If one was the wife or husband of a lineal ascendant or descendant of the other; OR
3.If one was the wife of the brother or of the father’s or mother’s brother or of the grand-father’s or grand-mother’s brother of the other; OR
4.If the two are brother or sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

EXPLANATION – For the purposes of Clauses (f) and (g), relation-ship includes—
1.Relationship by half or uterine blood as well as by full blood;
2.Illegitimate blood relationship as well as legitimate;
3.Relationship by adoption as well as by blood;
And all terms of relationship in those clauses shall be construed accordindly.

Section 10—JUDICIAL SEPARATION – Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the degree if it considers it just and reasonable to do so.

Section 11—VOID MARRIAGES— Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition resented by either party thereto be so declared by a decree of nullity.

Section 13—DIVORCE

GROUNDS
1.Adultery;
2.Cruelty;
3.Desertion;
4.Conversion to another religion;
5.Insanity;
6.Incurable form of leprosy;
7. Venereal disease;
8.Renunciation;
9.Disappearance;
10.Failure to resume cohabitation not with standing a decree for judicial separation;
11.Failure to comply with decree for restitution.

Section 13(2) –A wife has been allowed under section 13(2) additional grounds for obtaining dissolution of her marriage by a decree of divorce. She may present petition on four grounds—
1.Remarriage of the husband;
2.Rape, sodomy, or bestiality, on the part of the husband;
3.Passing of a decree for maintenance; And
4.Repudiation of marriage taken place before the age of 15years but repudiation must be done before the age of 18 years.

Section 13 B—This Section permits divorce by consent of both the parties to the marriage.

Section 14—No petition for divorce to be presented within one of marriage.

Section 23—Decree in proceedings.

a.That the ground for the relief exists, meaning thereby that it is established; And
b.That to the granting of such relief there is no bar of any kind mentioned in this Section.

The Supreme Court of India practiced its forces under Article 142 of the Constitution of India and decided in August 2012 that relational unions can be finished by shared assent before expiry of the cooling time of a half year stipulated in the Hindu Marriage Act, 1955. Area 13-B of the Hindu Marriage Act accommodates the couple looking for separate through shared agree to sit tight for a time of a half year in the wake of making initially joint application for separate. It is simply after the expiry of the a half year that the couple can move second application for the disintegration of their marriage. Marriage can be finished before cooling period.

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