People who are searching for hindu marriage act 1955 book pdf can find here. In hindu law, marriage is treated as a samaskara or a sacrament. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu. Marriage has been awarded a legal status under various personal laws i.
Oct 10, 2017 a voidable marriage is a marriage that is legally valid until annulled by a judgment of nullity. Jul 04, 2018 section 11 in the hindu marriage act, 1955. A voidable marriage is a perfectly valid marriage, so long it is not avoided. Here we have also given some reference books and related books pdf. Hindu marriage act in this act, unless the context otherwise requires, a the expression custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force or law among hindus in any. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition. Legitimacy of child born out of void and voidable hindu marriage. Study of related theories and sections of hindu marriage act, 1955.
This is given under section 12 of hindu marriage act, 1955. In a void marriage, any children born out shall be treated as legitimate. The hindu marriage act defines divorce as a dissolution of marriage. Hindu marriage essentials of valid hindu marriage in india. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable. Section 12 in the hindu marriage act, 1955 12 voidable marriages. Under section 4 of the prohibition of child marriage act, in case of annulment of a child marriage hindu marriage act hindu marriage act of 1955, came into force on 18th of may, 1955. A voidable marriage also called an avoidable marriage is a marriage that can be canceled at the option of one of the parties through annulment. What rights does a hindu child, who is born to persons whose marriage is declared void or voidable have under the hindu marriage act.
Hindu marriage essentials of valid hindu marriage in. Get complete information on voidable marriages under hindu law. Request pdf void and voidable marriage under hindu marriage act, 1955, and divorce in this assignment, i have to discuss about the thoughts relating to. Hindu marriage act, 1955 bare acts law library advocatekhoj. Legitimacy of children of void and voidable marriages under the hindu marriage act article shared by under the general law, a legitimate child is one who is born in a lawful wedlock, and a child born out of a void marriage is necessarily a bastard. The children of a void and voidable marriage have legitimacy under the law.
It will subsist until it is annulled by a court under the prohibition of child marriage act, the madras high court said on monday. Section 12 of hindu marriage act contains relevant provisions of voidable marriage. Hindu marriage act, 1955, parsi marriage and divorce act, 1936, indian christian. It has also been provided that if a decree of nullity is granted in respect of a voidable marriage under s.
Divorce means the dissolution of marriage by a competent court. It will then be considered annulled from the time the judgment is passed. Please click on the below links for more information. Under the hindu marriage act, marriages have been classified into three types, namely, void, voidable and valid marriages. Nullity of marriage in india void marriage voidable marriage. The court has power to declare a marriage void or voidable under section 11 and 12 respectively, of hindu marriage act, 1955.
This act also applies to buddhists, jains, and sikhs. Get complete information on voidable marriages under hindu law article shared by under section 12, any marriage solemnised either before or after the commencement of this act, shall be voidable at the option of the aggrieved party and may be annulled by a decree of nullity. Short title and extent 1 this act may be called the hindu marriage act. An illegitimate child has not only suffered a social stigma in every legal order but has. In this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu marriage act and after the discussion i have to discuss about the difference between judicial separation and divorce under the same act. So if a party who solemnize the marriage is suffer from unsoundness of mind, mental disorder or insanity, the marriage is voidable at the opinion of the other party. A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can be declared invalid on petition by either party to such marriage. Section 12 in the hindu marriage act, 1955 indian kanoon. You can petition to the court for a decree of nullity to declare your marriage void on the following grounds. Get complete information on voidable marriages under. There are voidable marriages also which are valid until declared null and void. Summary of hindu marriage act, 1955 your article library. Maintenance to wife is a very complicated issue under hindu marriage act. Discuss the essentials of a valid hindu marriage under the.
Such marriages can be annulled by a decree of nullity on any of the following grounds. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect. Void and voidable marriage under hindu marriage act, 1955, and. According to it, in the case of marriage being voidable, the court may declare it null under following conditions. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Grounds for divorce under the hindu marriage act, 1955. Voidable marriage shall be annulled by the decree of nullity under section 12 of hindu marriage act, 1955. As per hindu marriage act, 1955 a marriage is declared void on any of the following grounds. The hindu marriage act is an act of the parliament of india enacted in 1955. Hindu marriage act, 1955 bare act with downloadable pdf. Legitimacy of children under void and voidable marriages are specified under section 16 of hindu marriage act, 1955. In case of void marriage as noticed earlier, section 5 of hindu marriage act provides that for a valid marriage, following three conditions must be fulfilled. Void and voidable marriage under hindu marriage act, 1955.
It is at the option of the parties to continue with marriage or to annul marriage by decree of court. Legitimacy of children born of void and voidable marriages. 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. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Such a child is considered legitimate regardless of the status of the parents marriage, if the marriage was performed according to hindu rites under the hindu marriage act, 1955 or was a civil marriage under the. The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it. Short title and extent 1 this act may be called the hindu marriage act, 1955. Now, after the amendment made by the marriage laws amendment act, 1976, section 5iiof the act provides the following three circumstances of unsoundness where either party at the time of the marriage.
Request pdf void and voidable marriage under hindu marriage act, 1955, and divorce in this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu. It is often stated as a mean to exploit the husband by asking alimony for life. Jun 03, 20 however it is a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec. It is to be noted that sec 52 c of the hindu marriage act 1955 has been amended by the marriage laws amendment act 1999 and the word epilepsy is omitted. It also added a new ground namely divorce by mutual consent of the parties has been made available as a matrimonial relief under the hindu marriage act, 1955. 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.
Oct 12, 2016 section 5 of hindu marriage act 1955 mentions essential conditions of marriage, which are as under. Nulity of marriage void and voidable marriages, important. Hindu marriage act areas of law law library advocatekhoj. Nulity of marriage void and voidable marriages, important case. A marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage. Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. That the marriage has not been consummated owing to the impotence of the respondent. Nullity of marriage in india void marriage voidable. Hindu marriage act, 1955 with pdf download updated 2019. As per section 2 of the act, it is applicable to any person who is a hindu by religion including a virashaiva, and a lingayat. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
Provisions under section 16 of the hindu marriage act 1955. Three other important acts were also enacted as part of the hindu code bills during this time. Void and voidable marriages under hindu marriage act, 1955. An act to amend and codify the law relating to marriage among hindus. Sagotra marriage is valid under hindu marriage act, 1955.
Section 12 of hindu marriage act deals with voidable marriage. A marriage may be declared void if it contravenes any of the following. Hindu law valid, void and voidable marriages under hindu marriage act, 1955. A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can. Nullity of marriage under the indian laws ipleaders. Section 16 of the hindu marriage act 1955 legitimacy of children of void and voidable marriages. It can be avoided only on the petition of one of the parties. Under section 106 of the womens charter, the following are grounds for a marriage to be voidable. Polygamy and polyandry are prohibited under the hindu marriage act. What is the difference between void and voidable marriages. Voidable marriages are those which are void at the option of the aggrieved party. If a marriage contravenes the the conditions specified in section v clauses i, iv and v of the act, either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. Jan 02, 2018 void and voidable marriage under hindu marriage act 1955 theory of abrogation. Under section 11 hindu marriage act 1955, a marriage is void on any of the following three grounds these grounds apply to marriage, solemnised after the commencement of the act, i.
The hindu marriage act, 1955 provides various provision regarding divorce. Under the hindu marriage act, there is provision for permanent alimony or allowance. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical. In a voidable marriage, any child born of a marital relationship subsequently declared as nullity by court shall also be termed as legitimate. Annulment of marriage under hindu law annulment of marriage as per legal terminology, the term annulment refers making a marriage null and void voidable. Annulment of marriage under hindu law annulment of marriage as per legal terminology, the term annulment refers making a marriage null and voidvoidable. Until and unless the court so decrees, these marriages are legal and binding.
This section lays down four grounds on which a hindu marriage becomes voidable. Legitimacy of children of void and voidable marriages under. It also includes a follower of the brahmo, prarthana or arya samaj. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. Voidable marriage a marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage. Jun 11, 2017 voidable marriage a marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage.
Legitimacy of children of void and voidable marriages under the hindu marriage act. In india, the fault theory works in the matter of the divorce. Legitimacy of children of void and voidable marriages. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. Hindu marriage act 1955 pdf free download notes finance. Hindu marriage act, 1955 wikisource, the free online library. Marriage of a person with a girl whose age is below 18 is voidable. Void and voidable marriage under hindu marriage act 1955. Annulment of marriage under hindu law legal service india. A marriage which can be avoided at the option of either parties is known as a voidable marriage. Hindu law valid, void and voidable marriages under hindu.
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