Hindu marriage act amendment. Amendments To The Hindu Marriage Act, 1955 2022-10-26
Hindu marriage act amendment Rating:
The Hindu Marriage Act is a legislation in India that governs the marriage of Hindus. It was enacted in 1955 and has undergone several amendments since then. The most recent amendment to the act was made in 2021, which has generated a lot of debate and discussion.
One of the main provisions of the amendment is the introduction of a new grounds for divorce, known as "irretrievable breakdown of marriage." This allows couples to seek divorce if they have been living separately for a period of at least three years and are unable to resolve their differences. This provision is seen as a progressive move, as it provides a more humane and practical approach to dealing with failed marriages, rather than relying on traditional grounds such as adultery or cruelty.
Another significant change brought about by the amendment is the introduction of a provision for the maintenance of spouse and children during the pendency of proceedings for divorce. This ensures that the spouse and children are financially supported during the legal process and helps to reduce the financial burden on the spouse seeking divorce.
The amendment also includes provisions for the protection of the rights of women in marriage. For example, it allows women to seek maintenance from their husbands even after divorce, and also provides for the equal distribution of matrimonial assets in case of divorce. This is seen as a significant step forward in ensuring gender equality and protecting the rights of women in marriage.
Overall, the amendment to the Hindu Marriage Act is a welcome move that brings the legislation in line with changing societal norms and values. It provides a more practical and humane approach to dealing with failed marriages and helps to protect the rights of women in marriage.
Amendments To The Hindu Marriage Act, 1955
It is a common thing among complainants making reports to falsely implication other persons in addition to real culprit and the result is that ultimately all accused are acquitted. Retrieved 27 August 2015. Some have argued that Hindu marriage cannot be subjected to legislative intervention. The Appellate Court held that children born from a void marriage were to be treated at par with coparceners and they were also entitled to the joint family properties of the first defendant. OF 2011 Arising out of Special Leave Petition C No.
Retroactive application of legislation means that benefits are conditional upon an eligibility which may arise even before such legislation is passed. Subsequently as indicated by the segment, the gatherings to the marriage, may wed once more, if the accompanying conditions are fulfilled: 1 When the marriage has been separated and there is no benefit of offer against the declaration of court, or 2 If there is a benefit of development yet the time has slipped by without archiving an interest, or 3 An interest has been reported yet has been removed. Now the section requires that either party to marriage must not have his spouse living at the time of marriage and in the event of breach of this condition, the defaulting party would fall within the ambit of Sections 494 and 495 of the Indian Penal Code, 1860 and also would be liable for punishment under Section 17 of the Hindu Marriage Act. Under this Amendment, any one of the party can ask for the divorce on the ground of Irretrievable breakdown of the marriage. Retrieved 1 April 2014. Why Muslims cannot use their mind, reason and logic in every walk of their life.
Law Web: Basic principles for amendment of pleading in hindu marriage petition
Such insertions do not conform to our Please keep your comments brief and relevant. But the Community did not bother as humanity cannot be above the religion is the eyes of the community. The Supreme Court finally in the Vineeta Sharma case has almost tried to answer each and every question so that any ambiguity from its interpretation can be removed. These values enable them to take their own decision in marriage. Husband was likely to lament in every breath and the vibrancy of life melted to give way to the sad story of life.
The Hindu Marriage (Pondicherry Amendment) Act, 1971
The new Section 13 IA of the Hindu Marriage Act laid down that if parties have not resumed cohabitation for a period of two years or more after a decree of judicial separation, or if a decree of restitution of conjugal rights has not been complied with for a period of two years or more, then either party may sue for divorce. The Special Marriage Act, 1954 is an enabling statute, that is to say, it applies only when two persons choose to marry under it. The contents of this document have been obtained from sources Blinkvisa believes to be reliable. Conclusion The Hindu Marriage Act is social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation. It was contended that by virtue of Section 16 3 of the Act, which entitled such children's rights to the property of their parents, such property rights included right to both self-acquired as well as ancestral property of the parent.
MARRIAGE UNDER HINDU MARRIAGE ACT, 1955: Free Family Law Notes
The amendment to Section 16 has been introduced and was brought about with the obvious purpose of removing the stigma of illegitimacy on children born in void or voidable marriage hereinafter, "such children". He has some printout of Emails of 2005 when she was in college. Their decision regarding the selection of mates was binding. An illegitimate child of a Sudra born from a slave or a permanently kept concubine is entitled to share in his father's property, along with the legitimate children. The object of this clause is, it is said, to make clear the circumstances is which unsoundness of mind etc. This amendment virtually substituted the previous Section 16 of the Act with the present Section.
Retrieved 11 December 2022. Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law. There are currenty around six petitions pending at the High Court of Delhi asking for recognition of their marriages under the Hindu Marriage Act. We cannot accept the aforesaid interpretation of Section 16 3 given in Jinia Keotin supra , Neelamma supra and Bharatha Matha supra for the reasons discussed hereunder: 25. The constitutional validity of Section 16 3 of Hindu Marriage Act was challenged before this Court and upholding the law, this Court in Parayankandiyal Eravath Kanapravan Kalliani Amma Smt.
Constitutional validity of The Hindu Marriage Amendment Bill, 2010.
The information should not be used for either diagnosis or treatment or both for any health related problem or disease. However, the second and third defendants were not entitled to a share of the coparcenary property by birth but were only entitled to the separate property of their father, the first defendant. But there may be occasions when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under Article 142 in an irreconcilable situation between the couple. Go to family courts and see how both these communities behave with each other. Under the Special Marriage Act, 1954 the age of the bride should not be less than 18 years and of the bridegroom less than 21 years, 10 but under the Hindu Marriage Act the bride should not be less than 15 years and the bridegroom less than eighteen years, 11 and if the bride is less than eighteen years consent of the guardian is required.
Under Muslim law the right of repudiation of a child marriage belongs to the boy also. Without the basis of this institution of marriage, the society cannot exist and will hence, have no civilization. Ordinarily, if she has an income of Rs. On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce. Age of the parties Section 5 iii : After the Child Marriage Restraint Amendment Act, 1978; for a valid marriage the bridegroom must have attained the age of 21 years instead of 18 years as was provided before and the bride must have attained the age of 18 years instead of 15 years as was provided before in the Hindu Marriage Act, at the time of marriage.
Mental Cruelty by wife……divorce in favor of Husband
Suresh, 1971 SC 1153. The Trial Court, by its judgment and order dated 28. The second noteworthy provision is a party opposing a petition can also make a counter-claim for any matrimonial relief. In the case of Santosh Kumari v. By 1976 Amendment, the Cruelty was made ground for divorce. This Court, repelling such contentions held that "in the light of such an express mandate of the legislature itself, there is no room for according upon such children who but for Section 16 would have been branded as illegitimate any further rights than envisaged therein by resorting to any presumptive or inferential process of reasoning, having recourse to the mere object or purpose of enacting Section 16 of the Act.
Is wife only a woman?? This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i. I cant see her living a life like a slave in his hand. If this will not be done, the wife can perpetuate her tyranny on her husband by calling herself Mrs. We are constrained to differ from the interpretation of Section 16 3 rendered by this Court in Jinia Keotin supra and, thereafter, in Neelamma supra and Bharatha Matha supra in view of the constitutional values enshrined in the preamble of our Constitution which focuses on the concept of equality of status and opportunity and also on individual dignity. There was a further declaration that the dissolution of a marriage is in rem and unless and until a Court of appeal reversed it, marriage for all purposes was not subsisting. In the sacred texts, marriage created an inseparable tie between the husband and wife, which could not be broken in any circumstances whatsoever, i. The parents and relatives now seek their opinion in marriage.