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Under the Hindu Marriage Act,1955 there exists following grounds of divorce such as:-Fault Ground (section 13(1)) Breakdown Ground (section 13(1A)(i), 13(1A)(ii)) Divorce By Mutual Consent (section 13-B) Customary Divorce (section 29(2)) Fault Ground. ADVERTISEMENTS: (ii) It is made within the degree of prohibited relationship. Divorce under the Hindu Marriage Act, 1955 was initially built as per the Offence theory and under section 13(1) of the act nine grounds are mentioned on which valid divorce can be granted by the court. Section 20 sub-section 1 states that every petition of divorce presented under the Hindu Marriage Act 1955 should be distinctly examined based on the nature and facts of the case depending on which the claim of relief is decided. This union of two souls creates a new relationship of love, affection, care and concern between the husband and wife which is usually meant to last a lifetime. In this form of marriage, the bride is offered to a person, from whom the father has accepted a pair of cow or bull for religious rituals only. In the case of Reema Aggarwal v. Anupam[1], the court held that marriage is a junction of three important duties, i.e., social, religious and spiritual. The Dayabhag, maintained that the relationship arose from a “community in the offering of funeral oblations”, i.e., a person connected by the same pinda, i.e., funeral cake. The relief under Section 9 is subject to fulfillment of the following conditions: i) The marriage between the parties must be a valid marriage under Sec.5 of Hindu Marriage Act,1955. Legal Age of marriage. Thus, it accepts the idea of equality and liberty. Under this act, both the spouses of the Hindu Marriage can file for the Divorce. It was not affect the valid marriage. Section 16 Hindu Marriage Act, 1955. (1) This Act may be called the Hindu Marriage Act, 1955. Grounds for Divorce under the Hindu Marriage Act, 1955 1. In this form, the bride’s father, decorating the bride with colourful attires and after worshipping her, offers her to the bridegroom, making a recitation to the effect that they (bride and bridegroom) together may act religiously throughout and prosper and flourish in life. DRJ 238. Hindu Marriage Act,1955 1. The BlackGown seeks to spread legal awareness to the general public in a simple way. According to Hinduism, out of 16 sacraments marriage is one of the most imperative sacraments. Capacity to marriage or conditions for a valid Hindu marriage under the Hindu Marriage Act: Beyond prohibited degrees (Section 5(iv)) : Beyond Sapinda relationship (Section 5(v)), Marriage ceremonies under the Hindu Marriage Act (Section 7), Prolawctor Daily News Update| 1 October 2020, Prolawctor Daily News Update| 2 October 2020, Minority And Guardianship Under Hindu Law: Family Law Notes - Prolawctor, the erring party to such a marriage would be liable to be prosecuted under. The meaning of a marriage under the Hindu Personal Laws is not at all what you would expect. Hindu marriage act section 12 and 125. Section 8 of the Hindu Marriage Act, 1955: These eight forms of marriage did not find any place in the Hindu Marriage Act of 1955. “Article 32 is an important and integral part of the basic structure of the Constitution. This type of marriage was prevalent in the Gonda castes of Barrar and Betul (Madhya Pradesh). Under the present law no requirement that the bride should be younger than bridegroom. It is a process, by which the physical union of a man and woman is … Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of divorce. Among Kshatriyas, this type of marriage was quite prevalent. Unfitness for marriage and procreation are not at all related to mental disorder. In India, all the marriages are governed by and take place in accordance with either the Hindu Marriage Act, 1955 (Hereinafter referred to as “HMA”) or the Special Marriage Act, 1954. The Hindu marriage contemplated by the Act hardly remains sacramental. Section 8(5) provides that notwithstanding anything contained in this Section the validity of any Hindu marriage shall in no way be affected by the omission to make the entry of the marriage. [ Section 21A of Hindu Marriage Act ] When the Parties Can Invoke the Power to Transfer Petitions? In this form of marriage, there is a union of the bride and bridegroom by mutual consent motivated by their mutual love and sexual instincts. In the event of subsequent mental disabilities in either party to marriage, the aggrieved party can obtain a decree of divorce under the provisions of Section 13 of the Hindu Marriage Act. The Registrar verifies all the documents on the date of application and registers the marriage on the same working day and issues the marriage certificate. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. The Registrar verifies all the documents on the date of application and registers the marriage on the same working day and issues the marriage certificate. 1 any marriage solemnised whether before or after the commencement of this act shall be voidable and may be annulled by a decree of nullity on any of the following grounds namely. The first and foremost essentials are to be a Hindu to fall within the ambit of this act. In this form of marriage, a well decorated wife is offered to the priest who performs religious acts and rituals for the spiritual benefits of the father of the bride. This extends to personal laws inter alia in the matter of marriage and divorce. The first four of the above (i.e. It simply lays down the conditions for a valid marriage. Under the HMA, 1955 there are five conditions as pre-requisites for a valid Hindu marriage which are defined under section 5 of the Hindu Marriage Act. Kiran Bala v. Bhairav Pd., AIR 1982 All; had laid down that a party to marriage must be so much mentally deformed that it becomes impossible for the other party to carry marital life with him or her. Part-1 Short title,extent and Application of Hindu Marriage Act, 1955 But this marriage was valid. Section 3(f) in The Hindu Marriage Act, 1955. If any of the spouses are suffering from mental illness then it could also be a valid ground of divorce. The restriction based on Sapinda relationship was applicable ever since before the enforcements of this Hindu Marriage Act (Akshaya Kumar v. Jatindra, AIR 1955 Cal. The custom must not be unreasonable or opposed to public policy (Smt. Even if the State Government should make the registration compulsory, the omission to make the entry, whatever other consequences may follow, would not affect the validity of the marriage itself. As per section 5 of the Hindu Marriage Act, 1955 (Conditions for a Hindu Marriage); Section 5(i) provides the rule of monogamy and prohibits polygamy and polyandry. Naumi v. Narottam, 1963 HP 15 and Mohinder Kaur v. Major Singh, AIR 1972 P & H 184). There is an attack on the bride’s parents or guardian who is either killed or wounded and thereafter breaking open the door or securing forcible entry into the house, the people at the groom’s side take away the girl, weeping vailing and crying for help. Prior to the Hindu Marriage Act of 1955, a Hindu male could marry more than one wife irrespective of the fact that his previous wife was alive at the time of his subsequent marriage (Veeraswami v. Appaswami, (1863) 1 Mad. A second marriage while a previous married wife is living, is null and void. In Triveni Singh v. State of UP, AIR 2008 Allahabad High Court; the court held that the annulment of marriage cannot be sought on the ground that either of the parties had HIV infection or any other disease at the time of marriage. The Hindu Marriage Act, 1955 originally provided six conditions for a valid marriage but the Child Marriage Restraint Act which was passed in 1978 omitted the sixth condition relating to guardianship in marriage and now there are only five conditions as pre-requisites for a valid Hindu marriage. It is only these grounds that declare the marriage to be void. But in every case the offence would be punishable if the essential requirements of law and religion had been duly fulfilled and performed (Priyalata v. Suresh, 1971 SC 1153). For the purpose of this Act, a negative definition of “who is a Hindu?” had been understood. Under old Hindu law, three conditions were required for a valid marriage. 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:- CHAPTER I PRELIMINARY 1. Consequences of the Hindu Marriage Act, 1955: Grounds Provided To The Wife for Divorce: Besides the grounds enumerated above, a wife has been provided four additional grounds of divorce under Section 13(2) of the Hindu Marriage Act, 1955. Required fields are marked *. If parties to the marriage are governed by such custom which permits marriages between Sapindas, the said prohibition would not apply and the marriage would continue to be valid. Sakuntala Devi v. Amar Nath, AIR 1982 P & H 22). In this form of marriage, the bridegroom after having given wealth as much as it is within his means to the father and paternal kinsman or to the damsel herself takes her voluntarily as his bride obviously with the consent of her father. Hindu marriage act, 1955 lays down certain essentials for a marriage to be solemnized under its ambit. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. The Act calls marriages solemnized under the Act as Hindu marriages which may be performed in accordance with the customary ceremonies prevalent in the community to which, the bride belongs. It no longer remains a pure sacrament and a binding religious duty. The only consequence is punishment under section 18 of Hindu marriage act. Hindu Marriage Act, 1955 has laid down few necessary conditions for a valid Hindu Marriage. The courts have expressed the view that a party to the bigamous marriage could be punished only upon the proof of the prior marriage having been solemnized according to religious ceremonies and customs (Varadrajan v. State, 1965 SC 50). It further states that such rules must inter alia provide that the parties to any such marriage may have the particulars relating to their marriage entered in the Marriage Register in such manner and subject to such conditions as may be prescribed. The provisions in Section 5(ii)(b) of the Hindu Marriage Act provides that if the bride or bridegroom is capable of giving a valid consent but suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, is superfluous and contradictory in terms. Punishments under Prohibition of Child marriage Act, 2006. The custom which allows a marriage between persons within prohibited degrees must fulfill the requirements of a valid custom. It was observed by the Court, “there can be no doubt that a Hindu marriage is a religious ceremony. The first and foremost essentials are to be a Hindu to fall within the ambit of this act. 173). The specific conditions under which a marriage becomes voidable are enlisted under Section 5(ii) of the Hindu Marriage Act, 1955 [3] which includes: A decree of divorce granted under this clause is valid & effective even if it subsequently transpires that the respondent was, in fact, alive at the time when the decree was passed. According to section 9 of the Prohibition of Child Marriage Act whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. A Hindu marriage cannot take place without the performance of sacred rites. The Court held that in the present appeal, the only question for determination was whether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955. Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees but no woman shall be punishable with imprisonment. Accordingly, due to the desires and convenience of the people from time to time Hindu marriage rites have been transformed. Section 3(g) furnishes details of prohibited relationship according to which a marriage with the following relations cannot result in a lawful wedlock: A marriage falling within the prohibited degrees of relationship would be void under Section 11 of the Hindu Marriage Act. Under section 5(i) of the Hindu Marriage Act, the first essential condition of a valid hindu marriage is that neither party should have a living spouse at the time of marriage. The Essential Conditions for a Valid Marriage under the Hindu Marriage Act, 1955. In the case of Santosh Kumari v. Surjeet Singh, AIR 1990 HP. Age to the parties: At the time of enactment of the Act, the legal age for the marriage of boy and girl … Under section 5 (i) of the Hindu Marriage Act, the first essential condition of a valid hindu marriage is that neither party should have a living spouse at the time of marriage. The enactment is exhaustive. Grounds of divorce under section 13 of Hindu marriage act 1955 Earlier divorce was unknown to general Hindu law as marriage was seen as an indissoluble union between the husband and wife. In the case of Chandrasekhar v. Kulandaivelu[2], Hon’ble Supreme Court held “that Any person who is a Hindu, Jain, Buddhist or Sikh by religion is a Hindu if: (i) the practises, professes or follows any of these religions, and (ii) he remains a Hindu even if he does not practice, profess or follow the tenets of any one of these religions. Article 32 is meant to ensure observance of rule of law. III. Under Section 12 of the Hindu Marriage Act, it is stated that a marriage is voidable if either party is impotent or unfit for procreation of children. A person suffering from any kind of mental disorder of whatever degree becomes unfit for giving a valid consent. Due to the ancient literature of Hindus - The Manu; the wife cannot be abandoned, released by sale nor any martial ties can be severed. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. It is a landmark in the history of social legislation. VALID MARRIAGE Section 5 of the Hindu Marriage Act 1955 includes essential conditions of a valid marriage. The court can nullify the marriage if either condition or both conditions contemplated exist due to mental disorder making living together of parties highly unhappy. Section 11 talks about Punishment for promoting or permitting solemnisation of child marriages. These conditions are essential for the validity of marriage. In the sacred texts, marriage created an inseparable tie between the husband and wife, which could not be broken in any circumstances whatsoever, i.e., marriage, was considered to be an eternal union of souls and was indissoluble. Section 7(2) mentions Saptapadi (i.e., the taking of seven steps by the bridegroom and the bride jointly before the sacred fire) as an essential ceremony for the completion of marriage. 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 the western way of life, or eats beef”. In the case of Shanti Deo Verma v. Kanchan Prasad, AIR 1991 SC 816; the Supreme Court held that by the fact that parties were living like husband and wife and oral evidence to that effect, it cannot be proved that they were validly married and religious ceremonies were duly performed. In Lila Gupta vs Laxmi Narain & Ors [AIR 1978 SC 1351], the apex court held that all conditions under section 5 of the Act … Alka Sharma v. Avinash Chandra, AIR 1991 M.P. Section 7 of the Hindu Marriage Act provides for the essential ceremonies for a Hindu marriage. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Age Section 5 of the Act of 1955 prescribes conditions for a valid Hindu Marriage. What is Marriage under the Hindu Marriage Act, 1955? Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Degrees of Prohibited Relationship. The Act does not prescribe any particular ceremony for a valid Hindu marriage. The word Sapinda means of the same pinda or having a common “pinda”. These conditions are essential for the validity of marriage. (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. Is capable of giving his/her valid consent to marriage as a result of unsoundness of mind. ii) The respondent has withdrawn from the society of the petitioner without reasonable excuse. 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