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Frequently Asked Questions & Answers on HINDU MARRIAGE ACT, 1955
2021, Self publication series
This paper deals with various aspects of The Hindu Marriage Act 1955
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Kumar Rajendran
Rubi Talukdar
This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. The Special Marriage Act is the legislation that grants validity to marriages that do not find their place in religion specific marriage legislations. The Act grants registration to the marriages between two consenting parties who belong to different religions or cast. In India, inter caste or inter religion marriages are not normative and are considered a taboo. People go as far as committing Honour killings in order to prevent such marriages. The aim of the Act is to protect the people from such acts and to provide legal validity to their marriage. The Act also consists of provisions with respect to the other marriage related aspects such as restitution of conjugal rights and divorce. The Act also lays down eligibility criteria for a valid marriage under the Act such as consent between the parties getting marries and the relationship between them not falling within the prohibited degre...
Recent Trends in Law and Policy Making
Vidhya Prasanth , Chinnasami S , Dr. Ramachandran Manickam
In this essay, family reform was an issue for minorities in contact with foreigners in the first half of the century, but not until revolutionaries left the cities in the late 1920s. Even then, pressure for change was weak, constrained by the need for political support from a conservative male farmer. In the opening paragraph, "Man's supremacy over woman has been abolished"-a political commitment that many women in the West have yet to achieve. The new Marriage Act not only places children under the same financial obligations as in traditional society, but also adds a generation exempted from the 1950 Marriage Act. But it breaks with tradition and extends this duty to the younger generation. Nevertheless, the Communists promulgated the first law after the revolution. Although the Marriage Act of 1950 applied only to parents, the new birth control program created serious problems for couples who had a daughter. Unless the woman and her husband are forced to support her parents and his parents, her parents face an uncertain old age. If daughters can (and should) fulfill the same functions as sons, the calamity of giving birth to a girl child will be somewhat reduced.
Critical analysis of Divorce Under Hindu Marriage Act, 1955
Vidyarth Tiwari
This paper is an analytical scrutinization of the proposed Marriage Bill by deconstructing it with respect to a wide scope of lawful , political and moral issues. I contend how the new bill ends up at chances with a portion of the standards of our a vote based system, and furthermore neglects to fill in as a law that is exceptionally contrary with the ground reality. It doesn't qualify as an only law according to standards of law and order. It likewise bombs the trial of defendability by not accommodating an objective and sensible defense for its new change and not tending to the genuine reason for the issue
Aneez Lallans
IJAR Indexing
The institution of a marriage is an oldest social institution and provides a foundation on which whole super structure of civilization and prosperity is built. Different personal laws have given different meanings to the concept of marriage ranging from sacramental to contractual union. As far as position in India is concerned, India is still looked by the world as a country where marriage occupies a sacramental position both philosophically and practically. But with the change in the modern setup the traditional concept of marriage has changed and now-a- days a change is visible in our society from arranged marriages to love marriages and now to ?live-in-relationships as well as gay marriages?. Despite all these developments and even granting a level of legal legitimacy to the live-in relationship or gay relationships, it is still largely perceived to be an immoral relationship in our society. In the absence of legislation to deal particularly on live-in relationship as well as gay relationships in India, the partners in these types of relationships often face hardships. At last, the judiciary is looked upon as the last resort to deal with such issues. Here an attempt is made to look into recent developments in the attitude of the Courts in granting various rights to live-in couples as well as gay relationships in India.
International Journal of Research
Aasif Ahmad Khanday
The present paper tries to understand the system of marriage in Kashmir in its historical outline. The focus of the paper is: how over the years there have crept changes in this institution owing to outside influence, modernization, globalization and Islamization. The province of Kashmir has a unique culture owing to its geographical distinctness as a land locked entity. Till the exodus of the Pandit population from Kashmir, the valley mainly had two prominent religious communities that of Muslims and Hindus. The marriage customs between these two communities had many similarities owing to long periods of living in a close association. Even though the religious differences also mandated important differences in their customs related to marriage, birth or other festivities. Owing to Hindus exodus around 1990, the Kashmir society is now largely a monolithic society of Muslims alone. The marriage of Muslims usually starts with Nishan i.e., the custom of finalising a marriage when the parents or relatives from groom's family go to bride's family. It is followed by Passil when guests from either family take turns to go to others family with gifts. Then are the different customs related to the marriage proper which can last up to many days after the marriage-proper. These include Manziraat, Baarat, Sat-Raat and Firsaal. The customs, gifts exchanged and the duration of marriage differ from family to family according to their wealth and status. In the last three decades, the institution of marriage in Kashmir has undergone huge changes resulting in over-spending, late marriages and many other sociological problems as a result of these.
Harihar Sahoo
The present study attempts to analyse the marriage arrangements and customs in India using the data from India Human Development Survey II (2011-12) and Census of India. The result shows that age at marriage for males and females has increased by 3 and 5 years respectively during 1960-2011. The bivariate analysis discloses that two-thirds of women in India met their husbands only on wedding day or the day of Gauna. Only 5 per cent of them have chosen their husbands independently. The prevalence of inter-caste marriages is observed to be 5.4 per cent at the national level. Results of multivariate analysis indicate that marrying outside the caste and blood relations is influenced by socioeconomic factors. Results also show that marriage expenditure for girls is higher than for boys.
Archana Sridhar
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Abstract. This paper mainly focuses on Hindu marriage and legal wedlock. It starts with the concepts and essentials of Hindu marriage in India. Legal marriage is valid only if the marriage takes places with the fulfillment of the valid essentials under Hindu Marriage Act, 1955 which varies in each religion. The paper deals with the conditions ...
In this paper , attempts ar e made to analyse the r elationship in mar riage and in the natur e ... Hindu Marriage Act 1955, Sec. 7. 3. Deivanai Achi v. Chidambaram Chettiar AIR 1954 Mad 657, 665. 358 Journal of the Indian Law Institute [Vol. 59: 4 are fulfil, the intended marriage must be solemnised with proper ceremonies and in due form ...
a lump sum. Maintenance to wife is a very complicated issue under Hindu Marriage Act. It is often stated as a mean to exploit the husband by asking alimony for life. Section 24 of Hindu Marriage Act, 1955 (The Act ) states that either husband or wife may claim maintenance pendent lite i.e. maintenance till th e proceedings are in process.
Hindu marriage is one of the oldest. institutions that joins two families. It is. described as a union between a male and a. female with a commitment for gaining. wealth and worldly success and ...
Marriage Act, 1955. The Act makes (a) monogamy a rule of law for all Hindus,' and (b) divorce available to all Hindus. It. marriage: bigamy has been made a penal offence and section 491 of the Indian Penal Code has been made applicable to Hindus.'. The Act also repeals all the existing forms of Hindu marriage.
categorized into eight different forms, as briefly discussed in the research paper, which were actually the result of human behavior. On the other hand, modern Hindu marriage system also has various forms of marriage, ... 9 Hindu Marriage Act 1955, s. 5. International Journal of Human Rights Law Review ISSN No. 2583-7095 Vol. 2. Iss. 5 [2023 ...
The Section 13 (1) (1A) of the Hindu Marriage Act, 1955 can be used as defence of cruelty against a petition for restitution of conjugal rights. The definition of 'cruelty' or what all actions constitute cruelty has not been specified in the Hindu Marriage Act, 1955 or the Indian Christian Marriage Act, 1872 or the Indian Divorce Act, 1869.
Research Paper on Law relating to maintenance in India with special reference to Uniform Civil Code. ... Hindu Marriage Act of 1955 are very similar to the l aw [19] [20] [21] [22].
Section13(1)(II) of the Hindu Marriage Act, 1955 provides that a divorce can be granted if one spouse ceases to be Hindu and converts to another faith without the consent of the other. A person's conversion to a non-Hindu faith, such as Parsis, Islam, Christianity, or Zoroastrianism, is known as 'ceasing to be Hindu'.
This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. ... THE HINDU MARRIAGE ACT, 1955 ACT NO. 25 OF 1955 1* [18th May, 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:1. Short title and ...
Entering into a marriage, either through the Hindu Marriage Act, 1955 or Special Marriage Act, 1954 or any other personal laws applicable to the parties, is entering into a relationship of "public significance," since marriage being a social institution, many rights and liabilities flow out of legal relationship. 5 The concept of marriage ...
The current law relating to marriage in England and Wales was enshrined in the Marriage Act 1949, but based on conventions from the 19th century. It was never built to cover the current range of diversity of faiths present in British... more. View Hindu Marriage Act Research Papers on Academia.edu for free.
Indian society. The "Christian Marriage Act, 1872", the "Special Marriage Act, 1954", and "Hindu Marriage Act, 1955" has put an end to polygamy polyandry. Personal laws stretch the pathway for "Monogamy". Simultaneously, the individual rules instructed some conditions if we have not followed the marriage will not be valid.
The Hindu Marriage Act, 1955 is the Act No. 25 of the year 1955. This Act is the separate Act for all the Hindu Communi-ty, whether belongs to MITAKSHAR or DAYABHAGA or other Hindu Branches. The short title says that the purpose of the Act is to amend and codify the law relating to marriage among Hindus. There are 30 Sections in the Act. As per ...
The Hindu Marriage Act, 1955 provides various provision regarding divorce. The Hindu Marriage Act defines "Divorce as a Dissolution of Marriage". The main three theories related to divorce are Fault Theory, Mutual Consent Concept, and irretrievable theory. In India, the Fault theory works in the matter of the divorce.
Hindu Marriage Act 1955 and in the second category maintenance to wife, parent and children under Section 125 of CrPC and Hindu Adoption and Maintenance Act, 1956. In this paper an attempt has been made to ascertain the nature and scope of the alimony and maintenance of wife, widow and dependent under Hindu Adoption and Maintenance Act 1956 ...
IJCRT22A6063 International Journal of Creative Research Thoughts ... DIVORCE UNDER HINDU MARRIAGE ACT, 1955 Chirag Behl Student Christ University Introduction- Marriage is regarded as one of life's most important aspects. And, in a nation like India, it is not just significant but also sacrosanct. In our nation, religious rites and rituals play ...
IJRTI2207078 International Journal for Research Trends and Innovation (www.ijrti.org) 551 Now we will discuss the various matrimonial offences in detail:-1. Cruelty ... Section 5(iii) of Hindu Marriage Act, 1955 The bridegroom should have completed the age of 21 years and the bride, the age of 18 years at the time of marriage.
This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. The Special Marriage Act is the legislation that grants validity to marriages that do not find their place in religion specific marriage legislations.
Section 13 in The Hindu Marriage Act - research paper - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. Section 13 of The Hindu Marriage Act outlines the grounds for divorce in India, including: - Adultery by either spouse - Cruelty by either spouse, including physical or mental cruelty - Desertion of the petitioner by the other spouse for ...
The 2003 Amendment to the Citizenship Act. The first 21 st century alteration to India's laws of citizenship arrived in the form of the 2003 amendment of the Citizenship Act. It was initiated by ...