Saturday, September 24, 2011

Indian Hindu Marriage Act

In India, where most Hindus live, the laws relating to marriage differ by religion। By the Hindu marriage act of 1955 passed by the Union Parliament of India, for all legal purposes, all Hindus of any caste, creed or sect, Sikh, Buddhists & Jains are considered as Hindus for intermarry. By the Special Marriage Act, 1954.

The Special Marriage Act, 1954 (2) – It extends to the whole of India except Jammu & Kashmir, & applied also to citizens of India.
Ceremonies for a Hindu Marriage (7) – According to 1955 Marriage act. A Hindu Marriage may be solemnized in accordance with the customary rites & ceremonies of either party thereto.
Where such rites & ceremonies include the Saptapadi (that is taking of seven steps by the bridegroom & the bride jointly before the sacred fire), the marriage becomes complete & binding when the seventh step is taken।

Divorce : Marriage act 1955, (11) – Any marriage solemnized after the commencement of this act shall be null & void & may, on a petition presented by either party thereto (against the other party is living in adultery) thereto be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (1), (4) & (5) of section 5.
l5(1) : Neither party has a spouse living at the time of marriage.
l5(4) : The parties are not within the degrees of prohibited relationship, unless the custom or usage governing such of them permits of a marriage between the two।

125. Order for maintenance of wives & children – If any person having sufficient means neglects or refuses to maintain –
His wife, unable to maintain herself or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself or
His legitimate or illegitimate child ( not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself।

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