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    Short title and extent - (1) This act may be called the Hindu Marriage Act, (2 ) It extends to the whole of India except the State of Jammu and Kashmir and. An Act to amend and codify the law relating to marriage among Hindus. 1) This Act may be called the Hindu Marriage Act,. (2) It extends to the whole of. The document is an Act to amend and codify the law relating to marriage among Hindus. Attachments. Hindu Marriage Act ( KB, K.

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    Hindu Marriage Act 1955 Pdf

    tively Civil Registrar of Marriages and the Registrar-. General of Marriages under the Marriage Act;. “marriage officer” means a person licensed as a Hindu. (iii) a marriage solemnised under the Hindu Marriage and Divorce Ordinance,. , of Marriage Act, , of India, or any enactment substituted for that. the Hindu Marriage Act, and with orders for the maintenance of children practice in most matrimonial proceedings under the Hindu Marriage Act. Further, .

    Restitution of Conjugal Rights in Hindu Marriage Act November 30, If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights. What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, the judge may decree restitution of conjugal rights in his favor. Three essential conditions for Section 9 of HMA Firstly, one party must have withdrawn from the society of the other; secondly, the withdrawal must be without any reasonable reason, and thirdly, the aggrieved party applies for the restitution of conjugal rights. Once these conditions are fulfilled, the district court may decree of restitution of conjugal rights to bring about cohabitation between the estranged parties. If the aggrieved party is unable to convince the district court and it founds that the petitioner is guilty then the decree of restitution of conjugal rights is not granted. An added advantage from this is that if the parties are not following the decree for cohabitation after the passing of the decree, continuously for one year, it becomes a ground for divorce under Section Once that burden is discharged by the petitioner, it falls on the respondent to prove that there exists a reasonable excuse for the withdrawal. Indian Laws.

    There is a provision for condonation of delay upto 5 years by the Registrar and thereafter by the District Registrar concerned. The Special Marriage Act External website that opens in a new window provides for the solemnization of a marriage as well as for registration by a Marriage Officer. The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice.

    It should be affixed at some conspicuous place in his office.

    If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication. The marriage may be solemnized after the expiry of one month from the date of publication of the notice, if no objections are received.

    Restitution of Conjugal Rights in Hindu Marriage Act

    If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnize the marriage or to refuse it. Registration will be done after solemnization of the marriage. Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to certain conditions.

    Are there any age limits prescribed? The bridegroom and the bride must have completed 21 years and 18 years of age respectively.

    Is it necessary for both the parties to the marriage to appear before the Registrar? Ans: Yes.

    It is required under the law. Whether a marriage between a citizen of India and a citizen of any other country can be registered either under the Hindu Marriage Act or the Special Marriage Act?

    The above Acts are applicable only to the citizens of India.

    What is the procedure for the registration of a marriage? Judicial Separation or Divorce is again based on the principles laid down in Sec.

    Page:Hindu Marriage (Amendment) Act 1964.pdf/1

    Annulment ing that person is alive who has not been heard of for refers only to making a voidable marriage null; if the mar- seven years, provided that when the question is whether riage is void ab initio, then it is automatically null, although a man is alive or dead, and it is proved that he has not a legal declaration of nullity is required to establish this.

    If been heard of for seven years by those who would natu- the said conditions laid down under Sec- 5 of the Hindu rally have heard of him if he had been alive, the burden Marriage Act, are not fulilled then the marriage may of proving that he is alive shifts to the person who afirms be declared as void or voidable as the case may be. How- it. And the another ground, if the stipulates the contraventions grounds, when a marriage parties are within the degrees of prohibited relationship is declared as Void or Voidable respectively.

    A marriage or are sapindas of each other the marriage is void unless may be void Marriage if it has a Living spouse at the the custom or usage governing each of them permits of a time of marriage b Marriage under Prohibited degrees marriage between them, the marriage is not merely, void- of relationship c Marriage under Sapinda relationship.

    A able but void. The grounds of voidable marriage under the a marriage might have been fulilled. Some marriages are Hindu Marriage Act, are laid down in Section 12 1.

    When either of the party has der, consent of the petitioner obtained by fraud or force. It implies that ent.

    Restitution of Conjugal Rights in Hindu Marriage Act

    In Sarlabai V. Komal Singh3 the court held that where the former marital relationship is still continuing though the petition for annulment of marriage is iled after 8 years the husband and wife may be living separately.

    In Swap- of marriage, such a petition would be barred by time.

    The outcome of a marriage annulment is a decree that the marriage never existed. It Legitimacy of children born out of Annulled Marriages: nulliies the marriage, returning the parties to their status The Legislature has made it very clear in order to estab- before existed before marriage. Many times, an- of their parents and shall enjoy all the rights and obliga- nulments occur even after very short marriages, so there tion as if they have been born out from a valid marriage.

    Section 16 riage.