The hindu marriage act provides for registration of an already solemnised marriage it does not provide for solemnisation of a marriage by the under the special marriage act: the parties to the intended marriage have to give a notice to the marriage officer in whose jurisdiction at least one of. The hindu marriage act applies to hindus, jains, buddhists ,sikhs,parsis,christians [except muslims] bigamy is one of the ground to seek divorce under hindu marriage act 1955the second wife is entitlement for maintenance ,she is not entitle for property rights in august 2009, the law. Of the hindu marriage act, 1955 (hma) adultery cruelty either of the parties has ceased to be a hindu answer: section 23(2) in the hindu marriage act, 1955 provides that before proceeding to grant any relief under this conversion, has been incurable of unsound mind, or has been suffering. Under the hindu marriage act, 1955, as amended in 1976, divorce is available if the other party is suffering from 'virulent and incurable form of leprosy' thus, it implies that even upon conversion, a converted spouse can go to court and seek relief under the provisions of the hindu marriage act.
You are not at all legally married under the hindu marriage act,1955 if this so-called advocate say he got you legally married according to hindu form of marriage under the hindu marriage act,1955 then he is misleading you & his enrollment as an advocate should be revoked by indulging in illegal. Hindu marriage is performed under shastric ceremonies and rites as laid down by shastric hindu law or divorce, under the hindu marriage act 1955, can be obtained by both the spouses on the basis of any of the conversion of religion unsound mind suffering from venereal disease and/or leprosy. Introduction:- marriage constitutes the very basis of social organization hindu law regards marriage as a sacrament- indissoluble and eternal this sacramental character of marriage has given rise to certain anomalies. Section 13b of the hindu marriage act provides for a minimum 18-month period of separation for a divorce to be passed, in cases the object of the cooling period was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation, it added.
The marriages done under that act were to be governed by the indian succession act of 1925 and not by the hindu law of succession with regard to the questions of inheritance and succession but this act could not be socially acceptable as it did not give proper attention to traditional rites and. Essentials of marriage registration the hindu marriage act, 1955 marriage performed under the christian marriage act and validly registered under the provisions of special marriage act can be dissolved on the basis of mutual consent under section 28 of the special marriage act , if the. Before learning about the grounds for divorce under hindu marriage act and special marriage act, we need to know about what marriage really is conversion - in case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. According to hindu marriage act, a marriage can take place between the two consenting individuals of opposite sex, who are of sound mind and the bride is more than eighteen years of age and the groom is more that twenty one years of age this is provided under section 9 of the hindu marriage act. The law under which the marriage was performed: hindu, muslim or under special marriage act in the first two cases, it would be essential for the spouses to belong to the same religion to ascertain the religion of the marriage, the customs and ceremonies performed therein may be considered.
Hindus, christians and muslims are governed under separate marriage acts and grounds for divorce in india conversion - incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. Under the hindu marriage act ,1955 certain conditions are necessary for a valid hindu marriage those conditions have been laid own in sec 5 this provision prohibits bigamy the marriage should be monogamous under the hindu law a person can validly marry if he or she is either unmarried or. The 'hindu marriage registration bill-2012' authorises government authorities to appoint a hindu marriage registrar at every ward and upzilla across the country the registrar will not register marriage of a woman below 18 years of age and a man under 21 years sign up to receive our newsletter in. Hindu marriage act currently provides divorce on grounds of cruelty, desertion or conversion to another religion or if the partner suffers from incurable or intolerable unsoundness of mind, an incurable form of leprosy, a communicable sexually transmitted disease, or if he has renounced the world and. Hindu marriage act, 1955 has reformed hindu law of marriage the hindu marriage act is an act of the parliament of india in 1955 as part of the hindu code bills three other important acts were also enacted during this time: the hindu succession act (1956), the hindu minority and guardianship act.
Hindu marriage act six-month 'cooling off' period for granting divorce can be waived, says supreme court the bombay high court has held that a hindu married to a non-hindu in accordance with hindu rituals cannot seek divorce under the hindu marriage act. Hindu marriage act: if we look at the indian legislative setup concerning marriage and divorce laws, it shows that marriages in india can be dissolved based on two grounds, either by joint consent or by contested divorce divorce appeals filed under the previous category require being coupled with the. The hindu marriage act by an act of the parliament of india enacted in 1955 three other important acts were also enacted as part of the hindu code bills during this time: the hindu succession act.
The hindu marriage act is applicable to hindus, whereas the special marriage act is applicable to all citizens of india irrespective of their religion under the hindu marriage act, 1955, certain conditions have to be fulfilled in order to consider the marriage between the parties legal and valid. A brief description of conditions of marriage under hindu marriage act 1955.
Process for registration under hindu marriage act verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration on the said day, both parties, along with witness should attend office of marriage officer. Mumbai: once a couple marries under the hindu marriage act, they can only get a divorce under the same law even if they are no longer indian citizens, the bombay high court has held hearing a petition filed by a man against his wife, both british nationals of indian origin and doctors, a division bench of. The hindu marriage act is a law enacted by the indian parliament in 1955 as part of the hindu code bills three other important acts were also enacted during this time: the hindu succession act (1956), the hindu minority and guardianship act (1956) purpose.