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About Hindu marriage Act and others

Discussion in 'Married Life' started by padmaiyangar, Aug 4, 2007.

  1. padmaiyangar

    padmaiyangar Bronze IL'ite

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    For the validity of a Hindu marriage, two alternative ceremonies are available to the parties:
    1. shastric ceremonies and rites, as laid down by shastric Hindu law;
    2. customary ceremonies and rites.

    More often than not, Hindu couples solemnize their marriage under shastric rites and ceremonies. It is not possible to enumerate the essential and non-essential ceremonies in two separate lists as there is still judicial disagreement in this regard. However, with respect to the saptapadi, there is no confusion - the same is absolutely indispensable for a valid Hindu marriage. The saptapadi is the most material of all the shastric rites, and the marriage becomes complete and irrevocable on the completion of the seventh step. The same has been recognized in the provisions of Section 7(2) of the Hindu Marriage Act 1955.

    If the requisite ceremonies are not performed, the marriage is null and void. Children borne of such a marriage are not granted legitimacy under the provisions of Section 16 of the Hindu Marriage Act 1955, unlike children borne of marriages, declared void under the provisions of Section 11 of the same Act.

    . Inter sub-caste marriages were validated under the Hindu Marriage (Removal of Disabilities) Act 1946. The Hindu Marriage Act 1955 refers to "any two Hindus, without requiring them to be of the same caste or sub-caste. Thus, in order to get married to someone under Hindu law today, both parties do not have to belong to the same caste but have to necessarily profess to the Hindu Religion, which includes Sikhs, Buddhists, Jains or any other person domiciled in the territories to which the Hindu Marriage Act applies, who is not a Christian, Parsi, Jew or Muslim unless it is proved that such person would not be governed by Hindu Law (Eg. The Hindu Marriage Act, 1956 does not apply to schedule tribes).

    In order to get their marriage registered, the parties to the marriage must submit 'FORM A' to the registrar in whose jurisdiction either party to the marriage has been residing for at least six months, immediately preceding the date of marriage. This form should be submitted within one month from the date of solemnization of marriage. This form should be appended with an age proof and a marriage photo. Both the parties to the marriage and the guardian, if any, must appear before the marriage Registrar personally. It should be noted that if there is a delay of above one month but up to 5 years in filing the above form, the same shall be condoned by the Sub-Registrar. Where the delay is above 5 years, the same shall be condoned by the District Registrar.

    Divorce, under the Hindu Marriage Act 1955, can be obtained by both the spouses on the basis of any of the following 9 grounds:
    Adultery; Cruelty; Desertion for two years; Conversion of religion; Unsound mind; Suffering from venereal disease and/or Leprosy; has renounced the world; not heard of for 7 years;
    no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights; Husband guilty of rape, sodomy or bestiality; If after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code, there has been no cohabitation for one year.
    In addition to the grounds, stated above, a wife may also present a petition for the dissolution of her marriage on the following grounds:
    Where the marriage was solemnized before the commencement of the Hindu Marriage Act, 1955:-
    1. The husband had married again before such commencement;

    2. That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage; That the husband has, after the marriage, been guilty of rape, sodomy or bestiality; That her marriage, whether consummated or not, was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.

    Under the Hindu Marriage Act, 1955 the spouses, who desire a divorce by mutual consent, have to present a joint petition in the court which has an appropriate jurisdiction. The parties, presenting such a petition, must claim with proof that :they have been living separately for a period of one year; they have not been able to live together; they have mutually agreed that marriages should be dissolved.

    Once the petition for Divorce by mutual consent is filed, the Court gives the parties 6 months' times to reconsider. The Court may pass a decree of divorce after a period of 6 months from the date of presentation of the petition and not later than 18 months after the date of presentation, incase the petition is not withdrawn.

    . A wife can file an application under Section 125 of the Criminal Procedure Code for maintenance. ('Wife' here includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried)

    If any person who has sufficient means, neglects or refuses to maintain his wife (who is unable to maintain herself) then the wife can file an application before a Magistrate- I class- for maintenance. The Magistrate of the first class, upon proof of such neglect or refusal, will order such person to make a monthly allowance for the maintenance of his wife.
    ( source legalserviceindia.com. )

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