Section 5 of hindu marriage act. All You need to know about the Hindu Marriage Act, 1955 2019-01-28

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Hindu Marriage Act 1955

section 5 of hindu marriage act

In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. It lies down that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Exception: The customs play an important role here i. Punishment: A marriage which is solemnized between the parties within the degrees of prohibited relationship is considered null and void. Marriage can still be entered into in anyone of the three forms. The religious ceremony consists of: a Invocation before the sacred fire vivah homa or laja homa , which consists of recitation of Vedic Mantras and the formal giving away and acceptance of the bride; and b The saptapadi, i. Thus, a person does not cease to be a Hindu if he becomes an atheist, or dissents or deviates from the central doctrines of Hinduism, or lapses from orthodox practices, or adopts western way of life, or eats beef.

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Section 5 of the Hindu Marriage Act 1955.

section 5 of hindu marriage act

Fill in the necessary details required in the Marriage Certificate 5. Anjali, where a bride gave birth to a mature child within 167 days from the date of marriage, it was held that it was for the wife to raise a reasonable doubt that she was pregnant by the person who became her husband. Sapinda relationship may submit in case of both the parties through the father or in case of both through the mother; or it may subsist in case of one of them through the father and on case of the other through the mother. However, in certain cases of suffering by the petitioner or mental instability of the respondent, a court may allow a petition to be presented beforeone year. Clause v ā€” Avoidance of sapinda relationship According to the Dharmashastra the Sapinda relationship is very important in the matter of marriage. Necessity for a Hindu Marriage i A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage.

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Hindu Marriage Act 1955

section 5 of hindu marriage act

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. I therefore understood the term between two hindus, has to be read in to the context of the Act, and it has to be interpreted so. The marital obligation has been further buttressed by clear statutory recognition by section 9 of the Hindu Marriage Act; Kailash Wati v. 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. Tara Chand, the wife was alleged to have an absolute repugnance towards sexual intercourse although she had normal sexual organs. Under the Child Marriage Restraint Act, 1929, a male above the age of 25 years marrying a girl below 15 years is punishable with upto 3 months imprisonment and is also liable to fine.


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Hindu Marriage Act, 1955

section 5 of hindu marriage act

It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. Grounds of divorce for women petitioners With a long history of patriarchy, many aspects of marriage and divorce in Indian society have been emphatically biased against women. Full and complete penetration is an essential ingredient of ordinary and complete intercourse. The provisions are meant to preserve the meaning of life. Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i. However, it does not mean that a marriage cannot take any of the aforesaid forms now. Abduction, terror, coercion and threat to commit suicide will definitely be covered by the term force.

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Salient features of the Hindu Marriage Act, 1955

section 5 of hindu marriage act

Alternate relief in divorce proceedings. It is a landmark in the history of social legislation. Scope Any law which would give an exclusive right to the husband to decide upon the place of the matrimonial home without considering the merits of the claim of the wife would be contrary to Article 14 and unconstitutional for that reason; Swaraj Garg v. No legal rights and duties flow from it. In case of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, a petition however may be allowed to be presented before one year but judging the merit of the petition will largely depend upon the discretion of the judge. What is the procedure of a Christian Marriages in India? Alternate relief in divorce proceedings. Special Marriage Act For commencing the process of marriage registration under this Act, and even before submitting the above mentioned documents, both parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided.


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Section 5 of the Hindu Marriage Act 1955.

section 5 of hindu marriage act

It makes the marriage voidable where consent to it was obtained by force or fraud. Decree of restitution of conjugal rights could be passed in case of valid marriages only. These conditions have been specified under Sec. Sterility is irrelevant and does not imply impotency. The marriage registration laws in India have witnessed certain recent developments.


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Section 7 in The Hindu Marriage Act, 1955

section 5 of hindu marriage act

These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages. Salient features of the Hindu Marriage Act, 1955 Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. Ingredients of Section 5 Parties must be Hindus under Section 2 3 of Hindu Marriage Act. Only thing we donot have documentry proof as to how these things were delat with in those days. The Act does not, however prescribe the ceremonies requisite for solemnisation of the marriage but leaves it to the parties to choose a form of ceremonial marriage which is in accordance with any custom or usage applicable to either party; and where the form adopted includes the Saptapadiā€”that is the taking of seven steps by the bridegroom and the bride jointly before the sacred fireā€”marriage becomes complete when the seventh step is taken. Clause c omitted by Act 2 of 1978, sec. Held, that since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; Sureshta Devi v.

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Marriage Registration: Procedure, Documents & Timelines

section 5 of hindu marriage act

To prove such a marriage valid or legal in the eyes of law, there has to be a certificate, which is issued by the marriage registration office after going through the pictures and the statements of the witness present at the time of the marriage, other than the priest. Moreover, it does not create any rights and obligations of the parties, which normally result from a valid marriage. The marriage under this Act is like a sacrament by the fatherinlaw, his daughter to the bride as a sacrifice. A temporary number will be allotted that will be found printed on the acknowledgement slip. But a voidable marriage will remain a valid marriage till a decree annulling it is passed.

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What are the Conditions of a Valid Hindu Marriage?

section 5 of hindu marriage act

However, mere pressure or strong advice, persuasion etc. Surrajmani Stellee K ujur v. Further, the marriage must fulfil the five conditions of a valid marriage laid down by Section 5 of the Act, which has been discussed above. The golden rule of interpretation is that the words have to be given its natural meaning and we can not read words into the Act which is not there as to do so would mean Legislation in the form of interpretation. This act was floated after several cases were seen where both man and woman were petrified or humiliated under a fraud case in the name of marriage. It consists in the penetration by the male genital organ into the female genital organ.


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