Divorce Of The Hindu Marriage Act Essay - 3301 Words.
Marriage is an institution in the maintenance of which the public is very interested. It is the foundation of the family and in turn society, without which no civilization can exist. A marriage celebrated, whether before or after the commencement of the Hindu Marriage Act, 1955 (Act) cannot be dissolved by a decree of divorce.
Amongst Hindus there have been four castes since time immemorial: Brahmin, Kshytria, Vysya and Sudra. Originally these castes were not hereditary and were based on function: the priests were Brahmins, the warriors were called Kshytrias, the traders were Vysyas and the workers were called Sudras. In course of time the caste system became rigid.
Section 9 Hindu Marriage Act, 1955. RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION. 9. Restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the.
THE HINDU MARRIAGE ACT, 1955. 1 Short title and extent. (1) This Act may be called the Hindu Marriage Act, 1955. (2) It extends to the whole of India except the State of Jammu and Kashmir 1, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. 2 Application of Act.
Essay on Marriages in India: Types, Rules and Other Details! Right at the outset, we have stated that kinship marriage and family are inextricably interwoven with each other. In our discussion on kinship we have in fact discussed about marriage and family. In almost all societies marriage is an institutionalised social relationship of crucial.
Hindu Marriage Act Custom Essay Section 1(1) of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
Section 25 Hindu Marriage Act, 1955. In: Hindu Marriage Act, 1955. 25. Permanent alimony and maintenance. (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or.
The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter.
Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a landmark in the history of social legislation. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. The Hindu marriage contemplated by the Act hardly remains sacramental.
The Hindu marriage act was enacted in 1955 by an Act of the Parliament. The main objective of this Act is to amend and codify the Hindu marriage laws. It also contains provisions relating to separation and divorce. It brought uniformity of law for all the sections of Hindus.
Under all the Indian Personal laws, dissolution of marriage is based on guilt or fault theory of divorce. It is only under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Parsi Marriage and Divorce Act, 1936 that divorce by mutual consent and on the basis of irretrievable breakdown of marriage are also recognized. Further.
Section 14 in The Hindu Marriage Act, 1955. 14 No petition for divorce to be presented within one year of marriage. Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28.
Divorce, Family law, Hindu law Introduction:- Section 1(1) of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
