In hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code. Subsequently the paper will elucidate upon the current situation and practice of. Latest and breaking news on hindu marriage act 2017. Either the husband or wife has withdrawn from the society of other, the aggrieved party has the right to apply in the district court for restitution of conjugal rights. 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. It is a landmark in the history of social legislation. 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, divorce. A manual of hindu law on the basis of sir thomas strange. Also, this law has not only codified hindu marriage law.
The hindu marriage act 1955 indian bare acts india bare. Section 72 applies only where saptapadi is included among the rites and ceremonies as in the brahminical form of marriage. Hindu marriage act section 9 judgments legalcrystal. I was trying to appease her and went to visit few places in. Virtual legal assistant, query alert service and an adfree experience.
Frequently asked questions on hindu marriage act, 1955 indian. Section 9 of the hindu marriage act 1955 restitution of. Repealed by the child marriage restraint amendment act, 1978, w. Changing dimensions of hindu marriage legal service india. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects.
After 67 months because of personal disputes, both the family decide for a divorce. Conjigal rights is available under section 9 of the hindu marriage act, 1955. The hindu marriage act of 1955 has reformed the marriage according to hindu law. Divorce means the dissolution of marriage by a competent court. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year. Section 9 of the hindu marriage act entitles a husband to file a petition for restitute of conjugal rights.
It does not provide for solemnization of marriage by the registrar. In case of hindus certain ceremonies are required to be performed to solemnise a marriage as provided under section 7 of the hindu marriage act, 19557. All rules made in this section may be laid before the state legislature. The hindu marriage act defines divorce as a dissolution of the marriage. It also includes a follower of the brahmo, prarthana or arya samaj. Section 1ib of the hindu marriage act, provides that a decree of divorce may be granted on the ground that the other party has deserted the petitioner for continuous period of not less than 2 years immediately preceding the presentation of the petition. Hindu marriage act section 9 explained in this article. Petition under section 9 of the hindu marriage act, 1955.
The practical utility of the section, however, lays not so much in restoring the relationship. The hindu marriage act 1955 indian bare acts india bare act. It no more considers the marriage as a samskara as considered by dharma sastras. Please click on the below links for more information. The preamble to the hindu marriage act suggests that it is an act to amend and codify the law relating to marriage among hindus. Registrar means a person appointed under section 50 of this act. Husband filed case under section 9 of hindu marriage act.
A petition under section 9 of the hindu marriage act is a petition filed for restitution of conjugal rights when either the husband or the wife has, without reasonable excuse, withdrawn from the. Dear sirs, i got married in june 2010, my wife was from indore, mp, i am basically from rajasthan. Section 9 of the hindu marriage act, 1955 deals with restitution of conjugal rights. Today in this article, we are providing the details about the restitution of conjugal right which is related to the hindu marriage act. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Sudharshan gave a judgment which was in line with the delhi high court views and upheld the constitutional validity of the section 9 of the hindu marriage act, 1955 and overruled the decision given in t. Hindu marriage act 1955 section citation 8817 bare act. Hindu marriage act, 1955 has reformed hindu law of marriage. Short title and extent 1 this act may be called the hindu marriage act, 1955. See, your husband has a right to file the petition under sec 9 of the act because of the words mentioned in the said section of the act tells that firstly the burden of proof lie on your husband that you have withdrawn his society intentionally and secondly the burden of proof lie on you that you have withdrawn his society with sufficient reason to do so, and once you proof that their was the.
Customary hindu practices in marriage and divorce that are outside the traditional norm are also recognized under indian law. As per section 2 of the act, it is applicable to any person who is a hindu by religion including a virashaiva, and a lingayat. I was trying to appease her and went to visit few places in karnataka. After 67 months because of personal disputes, both the family decide for a. When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made.
Section 9 is about the restitution of conjugal rights in the hindu marriage act. 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. There are no provisions for punishing the parents or people who solemnised the marriage. Legal provisions of section 15 of the hindu marriage act, 1955.
An act to amend and codify the law relating to marriage among hindus. Hindu marriage act,1955 and special marriage act, 1954. However, it creates confusion by declaring some marriages void and. From first night my wife has negative attitude as it was against her wish and threatened me she will do abortion if she become pregnant. The hindu marriage contemplated by the act hardly remains sacramental. Under the hindu marriage act, only the parties to a child marriage are punishable even if they did not consent to the union. 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. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Registration of hindu marriage in india the hindu marriage. In section 23 of the hindu marriage act, in subsection 1, in clause a, after the. Section 9 of hindu marriage act, 1955 yash law classes.
This act also applies to buddhists, jains, and sikhs. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Application form for registration of marriage under section 8. Constitutionality of restitution of conjugal rights lawlex. The hindu marriage act, 1955 is not about divorce alone but the law even provides for even. Ceremonies for a hindu marriage 1 a hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. Download beautiful, colourful hindu marriage act pdf. A hindu marriage, which has already been solemnized in accordance with the religious customs and rituals, can be registered under the hindu marriage act, 1955. The provision related to the concept of divorce was introduced by the hindu marriage act, 1955. Feb 07, 2018 section 9 of hindu marriage act, 1955 yash law classes. Constitutional validity and ethicalness of restitution.
Apr 27, 20 sudharshan gave a judgment which was in line with the delhi high court views and upheld the constitutional validity of the section 9 of the hindu marriage act, 1955 and overruled the decision given in t. 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. It is considered as a landmark in the history of social legislation. I came to bangalore with her after 12 days of marriage. Hindu marriage act, 1955 with pdf download updated 2019. The hindu marriage act, 1955 is not about divorce alone but the law even provides for even bringing together the parties under a section of restitution of the conjugal rights. Section 9 of the hindu marriage act provides for the relief of the restitution of conjugal rights. It has also introduced many important changes in many aspects. Section 72 applies only where saptapadi is included among the rites and ceremonies as in. 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. As per section 7 of the hindu marriage act, 1955, a hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto and if such rites and ceremonies include the saptapadi that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes. Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Three other important acts were also enacted as part of the hindu code bills during this time.
The act does not specifically provide for any form of marriage. It is observed that section 9 of the act has lost its vivid life and practical. According to this option, when either the husband or the wife has, without reasonable excuse, withdrawn from the. Be it enacted by parliament in the sixth year of the republic of india as follows. Frequently asked questions on hindu marriage act, 1955.
The provision was once even struck down by a high court. How to get relief under section 9 of hindu marriage act lawrato. 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. 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. Earlier weve provided the details of the hindu marriage act 1955 introduction, definition, purpose, applicability. Explore hindu marriage act 2017 profile at times of india.
A petition under section 9 of the hindu marriage act is a petition filed for restitution of conjugal rights when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other. 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. In this act, unless the context otherwise requires,a the expression custom and usage signify any rule which, having been. 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. Oct 09, 2016 in hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code. 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. Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago admin registration forms. The hindu marriage act is an act of the parliament of india enacted in 1955. Section 22 of the hindu marriage act 12 and the hindu succession act have left the door open for the recognition of tribal customary laws and practices of scheduled tribes. Section 8 in the hindu marriage act, 1955 8 registration of hindu marriages. People who are searching for hindu marriage act 1955 book pdf can find here. Section 1 short title and extent 1 this act may be called the hindu marriage act, 1955. Home hindu law hindu marriage act, 1955 section 9 hindu marriage act, 1955. It made the marriage more consensual and secular than religious.
1267 1161 658 1531 1173 564 105 1228 573 349 892 1557 248 1318 494 235 1191 38 140 468 790 120 772 713 791 292 335 942 932 455 422 133 1221