Category: Marriage

Decree in Proceedings—Section 23: Section 23 lays down certain principles for the guidance of the court and also the conditions on the satisfaction of which, the court may pass a decree in the proceedings under the Act “whether dependend or not”. Image Source: kari-joys.comSub-section (2) however enjoins upon the court a duty to make every endeavour in the first instance to bring about reconciliations between the parties in every case where it is possible to do so consistently with the nature and circumstances of the case. Sub-section (1) lays down that only after the court is satisfied with the existence of the conditions mentioned in sub-clauses (a) to (e). The court shall decree the relief prayed for, but not otherwise. The petitioner is required to prove those grounds strictly upon…

The Proof of a Hindu marriage under Section 8 of Hindu marriage Act, 1955 are as follows:In order to facilitate proof of a Hindu marriage the State Government is authorised to make rules providing for registration of marriages. 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. Image Source: hakimsonsfilms.com ADVERTISEMENTS: It is upto the State Government to provide, if it thinks fit, to make the registration of the particulars of all marriages compulsory in the State or in any parts thereof. Where any such direction has been issued by the State Government, any person contravening any rule made in that…

The Conditions for a valid Hindu marriage under the Act are as follows: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. These conditions are essential for the validity of marriage. In case of non-fulfilment of these conditions the marriage would not be deemed to be valid. Image Source: farm4.staticflickr.com ADVERTISEMENTS: The conditions given in the section are binding and definite, in absence of which the validity of marriage becomes doubtful. Section 5 of the Act, which deals with these conditions dispenses with the requirement of the identity of the caste. Section 5…

The concept of Hindu marriage, like any other institution did not remain unaffected in modem times owing to social changes which were the bye-products of early 20th century industrial revolution. Hindu Marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the Hindu Marriage Act, 1955, which came into force on 18th May, 1955. The enactment is exhaustive. It is a landmark in the history of social legislation. Image Source: 1.bp.blogspot.comThe law contained in the Act is applicable to Hindus of every sect irrespective of howsoever progressive and unorthodox views they propound. It is thus applicable to Lingayats, Brahmas and Arya Samajists as well. It is applicable to all Hindus and the term Hindu in the…

Under the old Hindu law only three essential conditions were required—(1) Identity of caste between the parties; ADVERTISEMENTS: (2) Parties to marriage must be beyond the prohibited degrees of relationship i.e., they should not be of the same gotra or pravara, or sapinda of each other;(3) There must be proper performance of marital ceremonies. Image Source: vanderbilt.edu (I) Identity of Caste: If in a marriage bride and bridegroom did not belong to the same caste, the marriage was considered to be invalid unless sanctioned by custom.Ancient Hindu scriptures prohibited “Pratiloma marriage i.e., a marriage between a girl of higher caste and the boy of lower caste. But “Anuloma marriage i.e., males of higher caste and females of lower caste was permitted and recognised by the text. As the caste system…

The salient features of Stridhan can be described as under: (1) The test as to whether it is Stridhan: A Hindu female can secure the property from numerous sources but every such property cannot be Stridhan. Whether a property constitutes Stridhan, depends upon the following factors: Image Source: afeatherinmyhair.files.wordpress.com ADVERTISEMENTS: (a) Source of acquiring the property,(b) The status of the female at the time of acquiring the property, i.e., maidenhood, married status or widowhood,(c) The school to which she belonged. (2) Succession: In the matters of succession to Stridhan, a new order of heirs was provided under law which included her own heirs upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of woman’s estate. But now under the Hindu Succession…

Under old Hindu law an unmarried daughter was entitled to claim maintenance from her father and on the death of her father; she was entitled to be maintained out of his estate. But such rights were not available to an illegitimate daughter. Under the present law as contained in the Hindu Adoptions and Maintenance Act, 1956, whether legitimate or illegitimate both can claim maintenance from their parents. Image Source: s-media-cache-ak0.pinimg.comBut the obligation of the parents to maintain them would be dependent on the fact that the daughters are unable to maintain themselves by their own separate earnings and property. Daughters can claim maintenance from her parents so long as she is unmarried. There is no obligation on the parents to maintain a married daughter but on her becoming a widow,…

Although the Criminal Procedure Code is a procedural enactment, it also confers substantive rights, the right of maintenance being one of the most important of such rights. This Chapter gives effect to the fundamental and moral duty of every man to maintain his wife, children and parents, when they are unable to maintain themselves. Image Source: dpqe0zkrjo0ak.cloudfront.netThis Chapter has thus been enacted with the object of enabling discarded wives, helpless and deserted children and destitute parents to secure a much-needed relief. Chapter IX is, therefore, not a punitive measure; it is preventive, rather than remedial. The main idea behind this salutary measure is that no wife, child or parent should be left helpless, so that he or she may be tempted to commit crime or may tempt others to do…

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage – Section 493 of IPC:Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Image Source: 51ec5c0d06ef68842cbd-eb61d9770b9e4a1d2dacebe5287fbc1d.r85.cf2.rackcdn.com ADVERTISEMENTS: Scope:The essence of an offence under this section consists of the deception practised by a man upon a woman as a result of which the woman is led to believe that she is lawfully married to him whereas in fact she is not lawfully married to him.The guilt of the…

Marriage ceremony fraudulently gone through without lawful marriage – Section 496 of IPC:Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Image Source: tucsonweddingphotographer.biz ADVERTISEMENTS: Ingredients of offence:The essential ingredients of the offence under Section 496 are as follows:(1) The accused went through a form of marriage;(2) The accused knew that he was not thereby lawfully married to the other party; ADVERTISEMENTS: (3) The accused acted dishonestly or fraudulently.