Under the hindu law, divorce does not take place unless it has been granted by a court. B family law hindu law unit i revision study notes for ll. Concept of marriage in muslim law legal service india. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. Of course many relations who are sapindas under vijnarteswaras theory would also be sapindas according to this theory. Also, this law has not only codified hindu marriage law. Right of hindu wife to maintenance under hindu adoption and maintenance act half of the indian populations too are women. Family laws hindu law, muslim laws, special marriage act. Under hindu law, the wife has an absolute right to claim maintenance from her husband. Annulment of marriage under hindu law legal service india. Nullity of marriage under the indian laws ipleaders. Dec 21, 2018 this video talks about meaning and definition of hindu marriage. In upcoming video we will discuss the nature of hindu marriage and essential.
What are the grounds of divorce under the hindu marriage. What is the nature of sapinda relationship under hindu. Here we have also given some reference books and related books pdf. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus.
Aug 14, 2018 kinds of guardianship guardianship in marriage, person and property. The hindu marriage act of 1955 has reformed the marriage according to hindu law. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. A portion of hindu law has been codified by parliament in four actsi the hindu marriage act, 1955. Doc hindu law college notes for exames naveen kumar. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life. The hindu marriage act is an act of the parliament of india enacted in 1955. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Though initially a divorce could be granted only if such spouse was living in adultery, by the marriage laws amendment act, 1976, the present position under the hindu marriage act is that it considers even the single act of adultery enough for the decree of divorce. There are different laws like hindu marriage act, 1955, the hindu succession amendment act, 2005, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956 which govern the personal laws of the. Before the parliamentary enactment there was no concept of end of marriage or nullity of marriage under hindu personal law and marriage it treated as holy and strong wedlock for whole life. The hindu marriage act, 1955 provides for three types of marriages. Maintenance hindu, muslim, christian and parsi laws. In the hindu marriage act, there are some provisions given regarding a valid divorce, i.
Hindu law valid, void and voidable marriages under hindu marriage act, 1955. Customary hindu practices in marriage and divorce that are outside the traditional norm are also recognized under indian law. Smritis refer to manusmriti, naradasmriti and parasharasmriti written by renowned and learned. But the two theories diverge as to who is a nearer sapinda and so lead to contrary conclusions particularly in the law of inheritance.
Hindu marriage act, 1955 wikisource, the free online library. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. Hindu marriage act, 1955 with pdf download updated 2019. Divorce means the dissolution of marriage by a competent court.
It is considered as a landmark in the history of social legislation. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. Please click on the below links for more information. Under the uncodified hindu law, divorce was not recognized, unless it was. Short title and extent 1 this act may be called the hindu marriage act, 1955. Hindu marriage essentials of valid hindu marriage in india. However, with the passage of anand marriage amendment bill in 2012, sikhs now also have their own personal law related to marriage.
Principles of inheritance under muslim law sunni law other articles dower or mahr. The hindu marriage contemplated by the act hardly remains sacramental. The term sruti is the collective reference to the four vedas which are considered to have divine origin. Another case morarji vs administrator general1929 madras. Present position the hindu marriage act, 1955, provides a definition of sapinda relationship. They throw light on the hindu law, marriage, divorce, loans. A marriage arya samaj marriage or an arranged marriage is directly registered by the registrar of marriage under section 8 of hindu marriage act1955 on the same working day. Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage.
The term hindu law is a colonial construction, and emerged after the colonial rule arrived in south asia, and when in 1772 it was decided by british colonial officials, that european common law system would not be implemented in india, that hindus of india would be ruled under their hindu law and muslims of india would be ruled under. Study of related theories and sections of hindu marriage act, 1955. Introduction hindu marriage act, 1955 has reformed hindu law of marriage. Hindu law is known as dharma and is defined in those texts collectively called the dharma sastras. The aim of the paper is to make the peruser mindful of the arrangements of divorce under the hindu marriage act, 1955. It is a landmark in the history of social legislation. Islamic rules of intestate succession, sharers, residuary and kinders, doctrine of radd and aul. So, hindu law should define who is a hindu, and upon whom the hindu law applies. Modern hindu law includes both hindu by birth and hindu by religion under the term hindu. An act to regulate the marriage of and provide for matrimonial causes between. Download the pdf from the orange download button below. It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised by muslim personal law i.
The aggrieved party may apply, by petition to the district court, for the restitution of conjugal rights. For a thorough knowledge on hindu law one must sit with these great masters. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Pdf the dissolution of a hindu marriage by divorce. Vijay sardana marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. It was said that persons becoming hindu by conversion are also hindu and the hindu law applies over them too. One of the important implications of section 9 of the hindu marriage act, 1955 is that it provides an opportunity to an aggrieved party to apply for maintenance under section 25 of the hindu marriage act, 1955. This video talks about meaning and definition of hindu marriage. The shariat act repeated a calcutta decision, burham vs. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical. Hindu marriage act 1955 pdf free download notes finance. Unhappy marriages are socially undesirable and are a breeding ground for delinquent children.
Xxv of 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. The hindu marriage act 1955 provides for essential conditions for the validity of a hindu marriage, registration of hindu marriages, restitution of conjugal rights, judicial separation, nullity of marriage, divorce etc. This chapter also deals with legislative changes from ancient law on gotra and pravara and its modifications, intercaste marriages and its modifications, widow remarriages under hindu widow remarriage act, 1856. Three other important acts were also enacted as part of the hindu code bills during. Mar 01, 2017 matrimonial remedies under hindu marriage act,1955 1. Difference between hindu law and muslim law difference between. When the wife files a maintenance petition through her divorce attorney, the burden to declare his income shifts to the husband, who has the right to defend the maintenance petition. Thus, instead of living a life filled with regret and remorse, the parties may chose to part ways. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and seek the remedy of divorce. What are the grounds of divorce under the hindu marriage act. There are many areas where the hindu law needs to upgrade itself, for example, the irretrievable breakdown theory as a valid ground for divorce is still not recognised under the hindu marriage act, 1955, and even the of supreme court have expressed their concern on this. In hindu law, marriage is treated as a samaskara or a sacrament.
Concept of property under islamic law, hiba, wakfs. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Sikh, buddhist and jains follow hindu personal law because they dont have separate personal law. But after enforcement of hindu marriage act, 1955 there are certain grounds on which marriage shall be declared null and void. Classroom live lectures edited, enlarged and updated. Hindu law valid, void and voidable marriages under hindu. Pdf postcolonial states responded differently to the groupspecific personal laws that were recognized in many colonial societies. This is a submission on the options thus given to a party frustrated by hisher marriage under the special marriage act, 1954. Types of maintenance under hindu laws under the hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife. Given in sections 5 under the topic marriage essentials of valid hindu marriage. People who are searching for hindu marriage act 1955 book pdf can find here. It has also introduced many important changes in many aspects. Traditional hindu law recognizes eight forms of marriage, of which threebrahma, asura, and gandharbaare the most prevalent. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.