In this actn odistricto means a hindu marriage district constituted under section 3. It may be noted that the personal laws of the muslims have been conveniently left out of the purview of the new amendment. The united nations general assembly adopted a resolution in 2010 on the. Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. Hindu marriage act, 1955 with pdf download updated 2019. Also, suggesting to do away with the act in the long run by the adoption of a uniform civil code. Chapter iii divorce under hindu, muslim and christian religions. Amends the hindu marriage act, 1955 and the special marriage act, 1954. The hindu widow remarriage act, 1950 has made provision for remarriage of widows. At the same time, such a marriage may be got declared null and void by a decree of nullity by filing petition under section 11 of hindu marriage act. Here we have also given some reference books and related books pdf. The upa government introduced marriage laws amendment bill, 20 proposing amendments to the hindu marriage act. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or. Special marriage act, 1954, the hindu marriage act, 1955 and the hindu.
Please click on the below links for more information. Union cabinet approved the marriage laws amendment bill. Government of india cleared amendments for easy divorce under the hindu marriage act and special marriage act. In introduction to 59th law commission of india report, former chief justice of india mr. Hindu marriage act pdf download hindu marriage act 1955. Mar 11, 2016 the proposal, which seeks to alter the hindu marriage act, 1955, and the special marriage act, 1954, introduces the option of divorce on grounds of irretrievable breakdown of marriage. It proposes changes to the hindu marriage act, 1955 and. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. But with the enactment of the hindu marriage act, 1955, the sacramental aspect of the hindu marriage has been. Such a marriage is null and void from the very beginning. Family laws hindu law, muslim laws, special marriage act. Three other important acts were also enacted during this time.
It does not provide for solemnization of marriage by the registrar. On june 9, 2010, indian government introduced a special section of irretrievable breakdown of marriage. Marriages act, 1939, the special marriage act, 1954, the hindu. The new amendment will change the two key legislationshindu marriage act 1955 and the special marriage act 1954. Marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and the hindu adoptions and maintenance act, 1956. An act to amend and codify the law relating to marriage among hindus. The marriage laws amendment bill, 2010 advocatemmmohan. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955. Jun 11, 2010 government of india cleared amendments for easy divorce under the hindu marriage act and special marriage act. The marriage laws amendment bill, 2010 was introduced in the lok sabha on august 4, 2010 by the minister of law and justice, shri m. The present government had decided to introduce the bill again, law minister issued a statement saying that the government has contemplated against the bill since as much as 70 representations have been made against the bill. The marriage laws amendment bill, 2010 was introduced in the rajya sabha on august 4, 2010. Short title and extent 1 this act may be called the hindu marriage act, 1955.
Download hindu marriage act 1955 in pdf hindu blog. A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. The union cabinet today approved the introduction of a bill, namely, the marriage laws amendment bill, 2010 to further amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. May 25, 2012 the new amendment will change the two key legislations hindu marriage act 1955 and the special marriage act 1954. Jun 11, 2010 hindu marriage act 1955 and special marriage act 1954 were amended by the government of india on june 10, 2010, thursday to avoid unwanted complications and delay in divorce in case of irretrievable differences. Be it enacted by parliament in the seventieth year of the republic of india as follows. The hindu marriage act, 1955 permitted divorce to all the hindus on certain reasonable grounds. 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. Despite a very detailed chapter on the indian marriages in the indian constitution, most of the people in the country are unaware of the laws associated with marriages. Mar 26, 2012 earlier, the union cabinet of india on 10 june 2010 had approved the introduction of a bill, namely, the marriage laws amendment bill, 2010 to further amend the hindu marriage act, 1955 and the. Customarily the hindu marriage was considered a religious sacrament and an indissoluble bond between the spouses. Cabinet approves the marriage laws amendment bill, 2010 to amend the hindu marriage act. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition.
Cabinet approves the marriage laws amendment bill, 2010. Marriage laws amendment bill 2010 is constitutionally valid and it is in the true spirit of constitution of india and satisfies the ground of reasonableness. The marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Bill to make marriage laws more womenfriendly shelved. Constitutional validity of marriage laws amendment bill 2010. Section 26 of hindu marriage act, 1955 deals with custody of children. The following are the changes introduced in the hindu marriage act, 1955 by the marriage laws amendment act, 1976, viz that 1 all grounds available for a judicial separation has now been made available to a hindu for divorce too. Hindu marriage act amended for easy divorce, government of. Constitutional validity of marriage laws amendment bill2010.
Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Short title and extent 1 this act may be called the hindu marriage act. What are the main changes introduced in the hindu marriage. Hindu marriage act basic provisions of hindu marriage act. Bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954.
Be it enacted by parliament in the sixtyfirst year of the republic of india as follows. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court. The proposal, which seeks to alter the hindu marriage act, 1955, and the special marriage act, 1954, introduces the option of divorce on grounds of irretrievable breakdown of marriage. After section 7 of the hindu marriage act, 1955 central act 25 of 1955, the following section shall be inserted, namely. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. This amendment will enable either the husband or wife to ask for divorce. Rajya sabha passed the marriage laws amendment bill,2010. The amendment would make parting of ways less bitter as there wont be much washing of linen in public. Union cabinet approved the marriage laws amendment bill, 2010. People who are searching for hindu marriage act 1955 book pdf can find here.
Hindu marriage act amended by government of india for easy. Both acts has a provision for divorce by mutual consensus of both the parties. The rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. The hindu marriage act is an act of the parliament of india in 1955 as part of the hindu code bills. The bill is just another gender biased law open to massive misuse. It seeks to amend the hindu marriage act 1955 and the special marriages act, 1954 which provides. The marriage laws amendment act, 1976 reduced the time limits form two years to one year. Hindu marriage act 1955 and special marriage act 1954 were amended by the government of india on june 10, 2010, thursday to avoid unwanted complications and delay in divorce in case of irretrievable differences. Be it enacted by parliament in the sixth year of the republic of india as follows. As part of the hindu code bill, the hindu marriage act was enacted in 1955 by the parliament. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act. Cabinet approves the marriage laws amendment bill, 2010 to. Marriage laws amendment bill2010 is constitutionally valid and it is in the true spirit of constitution of india and satisfies the ground of reasonableness.
Recent amendments in divorce law legalconclave blog. Recent amendments in divorce law legalconclave blog legal. The hindu marriage tamil nadu amendment act, 1967 keyword. Hindu marriage act unlike west, marriage in india is regarded more as a religious and social affair than a legal affair. The hindu marriage act is an act of the parliament of india enacted in 1955.
It proposes changes to the hindu marriage act, 1955 and special marriage act, 1954. An act further to amend the divorce act, 1869, the dissolution of muslim marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and the hindu adoptions and maintenance act, 1956. Aug 27, 20 the rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. Mar 25, 2012 the marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Section 38 of the special marriage act, 1954 deals with custody of children court marriage or couple from different faith section 41 of the divorce act, 1869 deals with custody of children for couple following christian faith. I after the commencement of the hindu marriage tamil nadu amendment act, 1967, shall be good and valid in law. The amendment of the marriage laws propose irretrievable breakdown as an additional ground for seeking divorce.
Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. In hindu religion, bigamy is not allowed hence according to the section 20 of hindu marriage act 2016 such person shall be punished according to sections 494 and 495 of pakistan penal code. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. Feb 21, 2019 the personal laws amendment act, 2019. A mobile friendly pdf file of the hindu marriage act marriage laws amendment bill, 2010 marriage laws. The husband challanged constitutional validity of the amended. Earlier, the union cabinet of india on 10 june 2010 had approved the introduction of a bill, namely, the marriage laws amendment bill, 2010 to further. Thus, supporting the idea of the amendment of the hindu marriage act, 1955 for the inclusion of irretrievable breakdown of marriage as a ground for divorce. The marriage laws amendment bill is a bill that was first introduced in the indian parliament in 2010. An act further to amend the divorce act, 1869, the dissolution of muslim. The marriage laws amendment bill, 2010 was introduced in. Insertion of new section 7a in central act 25 of 1955.
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