Proceedings may be in camera and may not be printed or published. Now they are of no consequence and the only form of marriage will be that accepted by the parties as prevailing in his or her community Section 7. Conditions for a Hindu marriage. According to Smritikars even death cannot break this relation of husband and wife which is not only sacred and religious but is a holy union also. Personal laws may be different from laws of equity nonetheless they are based on equitable judicious perception for appreciation of facts and circumstances in their light; Ram Lakhan v.
Conditions for the validity of marriage Section 3 and 5 A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely :— i Neither party has a spouse living at the time of the marriage; ii At the time of the marriage, neither party: a Is incapable of giving a valid consent to in consequences of unsoundness of mind; or b Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or c Has been subject to recurrent attacks of insanity or epilepsy. Sub-section 2 omitted by Act 68 of 1976, sec. Notably, these include Jains and Buddhists. Held that the marriage is not illegal and void; T. Nullity of Marriage and Divorce S.
The Hindu marriage contemplated by the Act hardly remains sacramental. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 1 ia of the Act. However, it must be something vital, touching or affecting the respondent and such as had definitely induced or influenced consent. Section 12 1 c provides that a marriage is voidable on the ground that the consent of the petitioner or of the guardian has been obtained by force or fraud. When essential ceremonies consulting a Hindu marriage are not proved, the mere issuance of certificate under Special Marriage Act cannot validate the marriage if the marriage has not been solemnised as per the requirements of this Act. No petition for divorce to be presented within three years of marriage. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of Hindu marriage and succession.
Thus the restitution decree and the second petition for divorce might be a slightly more expeditious way for getting relief; Karabi Das v. Continued separation of husband and wife which may be consistent with no intention to wilfully desert, is not desertion within the meaning of statute; Bipin Chandra v. Section 11 deals with void marriages and Section 12 deals with the voidable marriage. Personal laws may be different from laws of equity nonetheless they are based on equitable judicious perception for appreciation of facts and circumstances in their light; Ram Lakhan v. The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. Saptapadi: it consisted in performing a ceremony of taking seven steps before the sacred fire by the bride and the groom.
But decree passed under Code of Civil Procedure can in no circumstances be rescinded, altered, cancelled, or modified by the Trial Court; such decree may be rescinded or changed only by the Higher Court; Baby Deb v. A non-Hindu will become a Hindu by conversion: i If he undergoes a formal ceremony of conversion or reconversion prescribed by the caste or community to which he converts or reconverts; or ii If he expresses a bona fide intention to become Hindu accompanied by conduct unequivocally expressing that intention coupled with the acceptance of him as a member of the community into the fold of which he was ushered into. Alternate relief in divorce proceedings. Section 24 entitles not only the wife but also the husband to claim maintenance pendente lite on showing that he has no independent source of income. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
The court should be satisfied about the bona fides and consent of the parties. Hindu by Birth Under Modern Hindu Law, a person will be a Hindu by birth if: i Both his parents are Hindu; or ii One of the parents is a Hindu and he is brought up as a Hindu. Mutual consent should continue till the divorce decree is passed. Appeal from decrees and orders. To meet this requirement, the Hindu Marriage Act, 1955 was enacted which came into force on 18th May 1955. The Act calls marriage solemnized under the Act as Hindu marriage which may be performed in accordance with shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which bride or bridegroom belongs.
There can be unilateral withdrawal of consent. Explanation- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976. In any proceeding under this Act, the Court may, from time to time, pass such interim orders and, make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, alter the decree, upon application by petition for the purpose: make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the Court may, also from time to time revoke, suspend or vary any such orders and provisions previously made; Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. Unless the marriage is celebrated or performed with proper ceremonies and in the due form, it cannot be said to be solemnised. Having regard to section 17 of the Act the essential ceremonies set out under the Act had not been conducted and merely because there was distribution of sugar or gur it would not constitute a valid marriage; Surjit Kaur v. This extends to personal laws inter alia in the matter of marriage and divorce.
The relationship extends as far as the fifth generation in the line of ascent through the father in case of both the parties. Section 11 applies to a void marriages only contracted after the commencement of the Act. But decree passed under Code of Civil Procedure can in no circumstances be rescinded, altered, cancelled, or modified by the Trial Court; such decree may be rescinded or changed only by the Higher Court; Baby Deb v. These were Brahma bride given gift by father , Gandharva mutual agreement of bride and bridegroom and Asura bride virtually sold by the father. There were three important stages wherein certain ceremonies were to be performed. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. This law was made applicable to all citizens of India domiciled in the country.