2016-04-10

THE HINDU MARRIAGE ACT, 1955 A CT N O. 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:— PRELIMINARY 1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955.

(2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 51 [Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause Section 23-A has been introduced by the Marriage Laws (Amendment) Act, 1976. It is intended to give relief to the respondent in divorce and other proceedings. The respondent may not only oppose the relief sought by the petitioner on the ground of adultery, cruelty or disertion, but can also make a counter claim for any relief under the Act. Each spouse is entitled to the association and companionship of the other and the Indian legislature, in order to correct any ‘unreasonable’ departure from such matrimony, has provided a statutory relief under Section 9 of the Hindu Marriage Act, 1955. It provides that when the husband or the wife ‘withdraws from the society of the other’, without a reasonable excuse, the aggrieved spouse may approach the court for a decree of restitution of conjugal rights. Section 23 in The Hindu Marriage Act, 1955. 23 Decree in proceedings . (1) In any proceeding under this Act, whether defended or not, if the court is satisfied that .

2. Permanent Maintenance: Permanent maintenance is paid by one party to the other in case of divorce, and the amount is determined through a maintenance petition filed before the competent Court. Under Sec.23 (1) (c) of Hindu Marriage Act, Under Sec. 34 (1) (d) of Special Marriage Act collusion was a bar to all matrimonial reliefs. The act abolished collusion as a bar to the petitions for a declaration that a marriage is null and void under the Hindu Marriage Act but not in Special Marriage Act; 7. Improper and unnecessary delay: Section 27 of The Special Marriage Act, 1954 provides the grounds for grant of divorce in the case of marriages solemnised under that Act. Mental cruelty as ground for divorce. When it was first passed, the Hindu Marriage Act did not have ‘cruelty’ as a ground for divorce. to be governed so far as his first marriage under the Act is concerned.

With the arrival of the alternate dispute resolution (ADR), there is a different approach for the people to resolve their matrimonial and family disputes.

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The act abolished collusion as a bar to the petitions for a declaration that a marriage is null and void under the Hindu Marriage Act but not in Special Marriage Act; 7. Improper and unnecessary delay: Section 27 of The Special Marriage Act, 1954 provides the grounds for grant of divorce in the case of marriages solemnised under that Act. Mental cruelty as ground for divorce.

Adr provision under the hindu marriage act

22 May 2020 Working Statement Requirements under Indian Patent Laws & Related Debate Jurisprudence and ADR Section 2 of the Hindu Marriage Act, 1955 states that the provisions of the act are applicable to anyone who is Hin

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Under Sec.23 (1) (c) of Hindu Marriage Act, Under Sec. 34 (1) (d) of Special Marriage Act collusion was a bar to all matrimonial reliefs. The act abolished collusion as a bar to the petitions for a declaration that a marriage is null and void under the Hindu Marriage Act but not in Special Marriage Act; 7. Improper and unnecessary delay: Section 27 of The Special Marriage Act, 1954 provides the grounds for grant of divorce in the case of marriages solemnised under that Act. Mental cruelty as ground for divorce. When it was first passed, the Hindu Marriage Act did not have ‘cruelty’ as a ground for divorce.
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For eg: Polygamy & Bigamy. Conditions of a Valid Hindu Marriage; Between two Hindus, no living spouse of either party at the time of marriage.

In addition, the Special Marriage Act 1954 applies to all persons of all religions. This is a civil 2016-06-15 SECTION 8 REGISTRATION OF HINDU MARRIAGE. Under the Indian law, it is open to two Hindus if they so desire it to contract civil marriage and have it solemnized under the Special Marriage Act, 1954.
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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.

Although the Hindu Marriage Act prescribes that it shall be lawful to marry again only after dismissal of an appeal filled by the aggrieved party against the decree of divorce, the Supreme Court, However in latest judgment of Mr. Anurag Mittal v. Mrs. Shaily Mishra Mittal AIR 2017, clarified that second Marriage would not be void if solemnized during the pendency of the appeal. Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance.

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The Hindu Marriage Act, 1955, is the law enacted to manage the Hindu marriage, divorce and other marriage related issues. It also helps in regulating the marriage institution, which includes the validity of the marriage and conditions for invalidity. The Hindu Marriage Act guides Hindus to be in a …

The wives were the silent victims of such a rigid system.