Hindu marriage act, 1955 section11to20 hello counsel. Any hindu marriage controversy to the section five clause i, iv and v in this marriage was void. The hindu marriage act 1955 introduction, definition. In hindu law, marriage is treated as a samaskara or a sacrament. Section 17 of the hindu marriage act 1955 punishment for bigamy any marriage between two hindus solemnized after the commencement of this act is void if at the date of such marriage either party had a husband or wife living. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions. Section 11 of hindu marriage act archives scc blog scc online. In case high court of the concerned state has framed rules pertaining to any matter under the act, those rules shall come into application for regulating the procedure for disposal of petitions or. Restitution of conjugal rights and judicial separation. Petition for divorce under section b hindu marriage act.
Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by cither party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v of section 5 12. What are the essential conditions of a valid hindu marriage. The law does not define the kind of ceremony since there are several ways a man and a woman may carry out this religious act. Sample hindu marriage act case law delhi law academy. Section 1ia of the hindu marriage act 1955 scc blog.
The appellant filed an appeal against the decree in the high court. An act to amend and codify the law relating to marriage among hindus. This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage. If a marriage contravenes the the conditions specified in section v clauses i, iv and v of the act, either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. The preamble to the hindu marriage act suggests that it is an act to amend and codify the law relating to marriage among hindus.
Those conditions have been laid own in sec 5 and 7of the act. A petition was filed by the respondenthusband under section 11 of the act for annulment of marriage alleging that the factum. Section 81 of hindu marriage act provides that for the purpose of facilitating the proof of hindu marriages, the state government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered on such manner and subject to such conditions, as may be prescribed in a hindi marriage. There is no provision in the hindu marriage act, 1955 under which a wife, apprehending her husbands taking second wife, can apply for and obtain an injunction restraining him from doing so. In this article, weve explained the conditions for a hindu marriage as per section 5 of hindu marriage act 1955. Nullity of marriage and divorce void marriages any marriage solemnized after the commencement of this act shall be null and void and may. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by cither party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v of section 5. A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can be declared invalid on petition by either party to such marriage.
Today in this article, we are providing the introduction, definition, purpose, applicability of the hindu marriage act 1955. You can also check our previous articles about the hindu marriage act. The marriage laws amendment act, 1976 siff for mens rights. If you are searching the conditions for a hindu marriage in india, you are at right place. 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. A petition was filed by the respondenthusband under section 11 of the act for annulment of marriage alleging that the factum of earlier marriage was not. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations.
This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any ceremony. Section 11 of hindu marriage act archives scc blog. Section 17 of the hindu marriage act 1955 punishment for. Relying on section 5 read with section 11 of the hindu marriage act, 1955, and several decisions of the supreme court, including lila gupta v. A void marriage is one that isnt considered valid since the very beginning. Legal provisions of section 15 of the hindu marriage act, 1955.
Earlier weve provided the list of sections in the hindu marriage act 1955. A marriage between a hindu man who converted as christian and a christian lady in a hindu form is not a valid marriage. People who are searching for hindu marriage act 1955 book pdf can find here. All you need to know about the hindu marriage act, 1955. Any marriage solemnised after the commencement of this act shall be null.
Any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party. Section 11 and section 12 of hindu marriage act, 1955 is a remedy for the parties, who are in a void and voidable marriage. Here we have also given some reference books and related books pdf. A petition was filed by the respondenthusband under section 11 of the act for annulment of marriage alleging that the factum of earlier marriage was not disclosed to him at the time of their marriage was on 1162012. The provisions of this section apply when marriages stand dissolved by a decree of divorce. Void and voidable marriages under hindu marriage act, 1955. Her position is the same as that of an unmarried woman. Void marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv. The section has no application to the cases of marriages declared null and void under sections 11 and 12 of the act and parties to such marriage could remarry as early as per their sweet will. Aug 25, 2018 in august 2009, she had filed a divorce petition under section 1ia of the hindu marriage act, 1955 which was allowed by the additional district judge and thus their marriage was dissolved. Short title and extent 1 this act may be called the hindu marriage act, 1955. Divorce, however is a thorny question and annulment is a very unusual remedy. Void marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the.
But the supreme court in its judgment in lata kumat v. Hindu marriage act section 11 page 5 judgments legalcrystal. According to section 5 of the act marriage can be solemnised between two hindus. Monogamy means that one is permitted to have only one wife or one husband at a time. The hindu marriage act, 1955 was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any ceremony. Hindu marriage act section 11 judgments legalcrystal. Marriages solemnized under special marriage act are. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party.
In this case, a was married b, and then a was married c. Hindu marriage essentials of valid hindu marriage in. Any marriage solemnised after the commencement of this act, shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause i, iv and v of section 5. Notwithstanding anything contained in section 7 or in any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of the hindu marriage madras amendment act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, but subject to sub section 3 all. Section 11 of the hindu marriage act, 1955 was explained void marriages. Hindu marriage act 1955 pdf free download notes finance. Section 11 makes a bigamous marriage void and section 17 makes it a penal offence for both hindu males and females under section 494 and 495 of ipc. In such marriages, neither the parties nor their living can change the status of their marriage. The marriage laws amendment act, 1976 siff for mens. Petition for divorce under section b hindu marriage act 1955. The marriage of the parties was solemnized on 11 62012 as per hindu sikh rites and rituals. Three other important acts were also enacted as part of the hindu code bills during this time.
Dec 28, 2008 section 21a, hindu marriage act and s. Hindu marriage act, 1955 relevant sections chapter iv. Such a marriage is also described as void under section 17 of the hindu marriage act under which an offence of bigamy has been created. At the same time, such a marriage may be got declared null and void by a decree of nullity by filing petition under section 11 of hindu marriage act. What is section 23 in the hindu marriage act, 1955. Conditions for a hindu marriage explained in this article. Section 5 of hindu marriage act conditions for a hindu. May 20, 20 marriage can not be annulled due to t\his reason.
Section 27, hindu marriage act deals only with the property presented at or about the time of marriage and which belongs to the parties jointly. Void and voidable marriage under hindu marriage act, 1955. You can also check our previous articles about the hindu marriage act 1955. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.
Grounds for divorce under the hindu marriage act, 1955. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party thereto 11 against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses. Section 11 in the hindu marriage act, 1955 indian kanoon. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of.
After the enactment of the amendment act, 1976 the child born out of void and voidable marriage shall be termed as legitimate. Hindu marriage act, 1955 with pdf download updated 2019. Legitimacy of children of void and voidable marriages under. Section 11 in the hindu marriage act, 1955 11 void marriages. What is section 24 in the hindu marriage act, 1955. The marriage of the parties was solemnized on 1162012 as per hindu sikh rites and rituals. Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt.
Decree in proceedings 1 in any proceeding under this act, whether defended or not, if the court is satisfied that a any of the grounds for granting relief exists and the petitioner 47 except in cases where the relief is sought by him on the ground specified in subclause a, subclause b or subclause c of clause ii of section 5 is not in any way taking advantage of his or her own. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The hindu marriage act is an act of the parliament of india enacted in 1955. Conditions for a valid, void and viodable hindu marriage. She cannot do so under section 11 or 17 or any other provision of the act. Any marriage solemnised after the commencement of hindu marriage act shall be null and void in case a petition is presented by either party against the other in a marriage, is declared so by a decree of nullity on a finding that it is in contravention of any one of the conditions specified in clauses i, iv and v of section 5. Nulity of marriage void and voidable marriages, important.
Succession to the property of person married under this act or customary marriage registered under this act and that of their children, are governed by indian succession act. If the marriage is void under section 11 of the hindu marriage act, the wife is entitled to adopt without the consent of her husband. A marriage may be declared void by a decree of nullity on the following grounds. Section 11 of the hindu marriage act, 1955 clearly states that if any of the three conditions living spouse, prohibited decree, sapinda then the marriage is considered. Hindu marriage act, 1955 has laid down few necessary conditions for a valid hindu marriage. Furthermore, in case of any such marriage the person who performs marriage in violation of this condition of the law becomes liable to be prosecuted under sections 494 and 495 ipc. The respondenthusband was a widower whereas the appellant wife who had claimed herself to be a spinster was already married.
Under the hindu marriage act,1955 certain conditions are necessary for a valid hindu marriage. 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. In this act, unless the context otherwise requires,a the expression custom and usage signify any rule which, having been. Nullity of marriage and divorce as per section 11 of the hindu marriage act 1955. Conditions for marriage section 5 of the hindu marriage act specifies that conditions must be met for a marriage to be able to take place. Legitimacy of children of void and voidable marriages. Article shared by 1 notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, and whether or not a decree of nullity is granted in respect of that marriage. Though it speaks only of the law relating to marriage, yet the act itself lays down rules relating to the solemnization and requirements of a valid hindu marriage as well as restitution of conjugal rights, judicial separation, nullity of marriage.
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