Be it enacted by parliament in the fifteenth year of the republic of india as follows. Hindu marriage act, 1955 with pdf download updated 2019. An act to amend and codify the law relating to marriage among hindu. This act may be called the hindu marriage amendment act, 1954, amendment of section. In october 2017, supreme court of india gave a landmark judgement criminalising sex with a child bride, hence removing an exception in indias criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. Personal laws amendment act, 2019 hindu, muslim marriage act. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Hindu marriage act 1955 section citation 8817 bare. The prohibition of child marriage act, 2006 wikipedia. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, on the ground that. Recent amendments in divorce law legalconclave blog legal.
Under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. Be it enacted by parliament in the sixtyfirst year of the republic of india as follows. The speed with which parliament passed the reforms in the hindu marriage act, 1955 and the special marriage act, 1954 is really commendable, though opinion may differ whether the reforms that have been carried out are equally commendable. Hindu marriage act, 1955 has reformed hindu law of marriage. Mar 21, 2019 in 1964, by an amendment, certain clauses of section 1 were amended in the form of section 1a, thus recognizing two grounds of the breakdown of the 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. New amendment in hindu marriage act lawyersclubindia. The marriage laws amendment act, 1976 siff for mens rights. The provisions of section shall be discussed in upcoming articles. List of sections in the hindu marriage act, 1955 latest. What are the main changes introduced in the hindu marriage. Under section b1, a divorce petition can be moved by a couple following a judicial separation of one year. However, section b2 contains a bar to divorce being granted before six months of time elapsing after filing of the divorce petition by mutual consent. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. By this very amendment act, section 10 of the hindu marriage act was also amended in. In the hindu marriage act, 1955, in section , in subsection 1, clause iv shall be omitted. Recent amendments in divorce law legalconclave blog. Section b of the hindu marriage act, 1955 and section 28 of the special marriage act, 1954 deals with the provision of divorce on grounds of mutual consent. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity.
Please click on the below links for more information. The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in wedlock to her spouse even when it is established that the marriage is dead. Hm act divorce and grounds of divorce under section of. And whereas there is a need to create a uniform mechanism. Constitutional validity of marriage laws amendment bill2010. Section hindu marriage act, 1955 bare act, bare act pdf. Grounds for divorce under the hindu marriage act, 1955. If the necessary conditions as given under section and b exist, every hindu is entitled to the dissolution of his or her marriage. The hindu marriage act abandoned the shastric position. People who are searching for hindu marriage act 1955 book pdf can find here.
In section of the hindu marriage act, 1955,25 of 1955. This clause applies whether the marriage was solemnized before or after the commencement of the marriage laws amendment act, 1976. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. In section 21a of the hindu marriage act, in sub section 1, after the word and figures section , at both the places where they occur, the words, figures and letter or section c shall be inserted. In section of the hindu marriage act, 1955, 25 of 1955. Substituted by act 68 of 1976, section 7, for the clause i w.
In the hindu marriage act, 1955, in section, in subsection 1, clause iv shall be omitted. In the hindu adoptions and maintenance act, 1956 in section 18, in sub section 2, clause c shall be omitted. The hindu marriage contemplated by the act hardly remains sacramental. Legal provisions of section 15 of the hindu marriage act, 1955.
The marriage laws amendment act, 1976 has omitted the proviso to section 15 as a result of which parties can remarry before the expiry of one year. Whereas the right to family is a fundamental right guaranteed by the constitution of. Stey by step procedure to file for a mutual divorce. Section, and in the case of a wife also on any of the grounds might have been. In section 21a of the hindu marriage act, in subsection 1, after the word and figures section, at both the places where they occur, the words, figures and letter or section c shall be inserted. Short title and extent 1 this act may be called the hindu marriage act.
If we go into legislative history it will be revealed that section b. Amendments to the hindu marriage act describe about the insertion of new sections, wifes right to oppose petition and restriction on legal orders for divorce cases. Section in the hindu marriage act, 1955 indian kanoon. Six months cooling off period under section b2 of hindu. In 1964, by an amendment, certain clauses of section 1 were amended in the form of section 1a, thus recognizing two grounds of the breakdown of the marriage. In this article, weve provided the list of sections in the hindu marriage act, 1955 with state amendments. These are bare act provisions of section of the hindu marriage act, 1955. By way of amendment in the year 1976, the concept of divorce by mutual consent was introduced.
Sep 12, 2017 the act enabled the court to dissolve marriage on statutory grounds. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. Download beautiful, colourful hindu marriage act pdf. Aug 27, 20 however, section b of the hindu marriage act and section 28 of the special marriage act provide for divorce by mutual consent as a ground for presenting a petition for dissolution of marriage. Six months waiting period in section b2 of hindu marriage. An act to amend and codify the law relating to marriage among hindus. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the word and figure section 5, the words, figures and letter or in cases where the petition is presented under section. Sep 12, 2017 settling a contentious issue, a two judge bench of supreme court comprising justices ak goel and uu lalit held that the 6 months waiting period prescribed under section b2 of hindu marriage.
Hindu marriage act,1955 and special marriage act, 1954. Amendment of section 2 of act 34 of 1956, as amended by section 1 of act 58 of 1971 34. The unamended section 15 laid down a minimum period of one year since the date of decree of divorce within which it was not lawful for the divorced persons to marry again. This is an important act related to hindus in india. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Now, in case of a failed marriage, the parties do not need to suffer in the marriage and can easily break their matrimonial alliance through judicial separation or by a decree of divorce. Chapter v amendment to the hindu marriage act, 1955 amendment of section of act no. 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 hindu marriage act, 1955 chapter i preliminary 1. Hindu marriage act, as originally enforced, there was no provision for divorce by mutual consent and the dynamics of law brought it into hindu marriage act by way of amendment in the shape of section b of hindu marriage act 1955.
An act further to amend the hindu marriage act, 1955. The hindu marriage act, 1955 permitted divorce to all the hindus on certain reasonable grounds. After section b of the hindu marriage act, the following sections shall be inserted, namely. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Insertion of new sections a and b i after section of the. Government has decided to elicit suggestionsviewscomments. May 27, 2019 under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. Marriage is no more unbreakable rope even for the regenerate caste. Section has undergone a substantial change by reason of subsequent amendments. This project will analyse these sections and also deal with the various amendments incorporated in these sections. Petition for divorce under section b hindu marriage act 1955. This amendment extended to the whole of india except the state of jammu and kashmir. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz that 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too.
Petition for divorce under section b hindu marriage act. Hindu marriage act 1955 section citation 8817 bare act. Here we have also given some reference books and related books pdf. Section c, d, e of the marriage amendment act 2010 does not violate article 14, 15 21 and 25 of indian constitution. In the light of this, a law commission report was forwarded to the government of india in 2009, in order to add irretrievable breakdown of marriage as a ground for divorce under section of the hindu marriage act, 1955 through the case of naveen kohli v. Rajya sabha passed the marriage laws amendment bill,2010.
An act to amend and codify the law relating to marriage among hindus is known as the hindu marriage act which is amended in 1955. The marriage laws amendment act, 1976 siff for mens. Amendment of section 45 of act 47 of 1937, as amended by section 20 of act 43 of 1957 and section 19 of act 43 of 1962 32. Short title and extent 1 this act may be called the hindu marriage act, 1955. Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws amendment act, 1976 68 of 1976, on the ground that they have been living separately for a period of one year or more. The prohibition of child marriage act 2006 came into force on 1 november 2007 in india. Hindu marriage act 1955 pdf free download notes finance. In the hindu marriage act, 1955 hereafter in this chapter referred to as the hindu.
Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. Marriage laws amendment act amended section of the hindu marriage act, to make cruelty also a ground for divorce. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. Dec 28, 2008 section 2iii, hindu marriage act and s. The hindu marriage act, 1955 originally based divorce on the fault theory and enshrined 9 fault grounds in section 1 on which, either the husband or the wife could sue for divorce. The marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Section 1 any marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a. Sarfaesi section 2 delay of 14 days in filing application drt declined to condone the delay appellant approached the high court who relegated the appellant to debt recovery appellate tribunal high court also directed the appellant to deposit 25% of the amount covered by the 2 notice matter has been pending before this court for the last two years interest of justice. 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. Section of the hindu marriage act, 1955 divorce and grounds of divorce. Difference between judicial separation and divorce ipleaders. The marriage laws amendment act, 1976 reduced the time limits form two years to one year.
The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in wedlock to her spouse even when it is established that the marriage. It is a landmark in the history of social legislation. A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. Section b, inserted in the hindu marriage act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Be it enacted by parliament in the sixth year of the republic of india as follows.
Short title and extent 1 this act may be called the hindu marriage. In the hindu marriage act, 1955, in section , in sub section 1, clause iv shall be omitted. This clause applies whether the marriage was solemnized before or after the commencement 11 of the marriage laws amendment act, 1976 68 of 1976. In the special marriage act, 1954, in section 27, in sub section 1, clause g shall be omitted. Amendment of section 25 of act 47 of 1937, as amended by section 10 of act 43 of 1962 31. After the passage of hindu marriage act, 1955 things changed in favor of both parties to the marriage. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the word and figure section 5, the words, figures and letter or in cases where the petition is presented under section c shall be inserted. Sc cuts down waiting period for divorce under hindu law by. Mar 19, 2015 divorce by mutual consent is addressed under s.
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