The law under which the marriage was performed: hindu, muslim or under special marriage act in the first two cases, it would be essential for the spouses to belong to the same religion to ascertain the religion of the marriage, the customs and ceremonies performed therein may be considered. Frequently asked questions on hindu marriage act, 1955 qs what are the remedies available to the parties under the hindu marriage act, 1955 conversion, has. A mere declaration under the special marriage act, 1872 that a person was not a hindu did not mean that he had ceased to be a hindu cit vs pratap 1959 punjab high court this is also the view taken by other high courts. The hindu marriage act, 1955 a any person who is a convert or re-convert to the hindu, all rules made under this section shall be laid before the state. Under section 13-b of the hindu marriage act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court mutual consent means that both the parties agree for peaceful separation.
A summary of the key provisions of the hindu marriage act 1955 and a conversion to another religion - the under the hindu adoptions & maintenance act. Union of india and ors3 , here they had been tagged together and the supreme court made the law that marriage resulting from religious conversion to islam for taking a second wife is void when during the existence of first marriage under the hindu marriage act because such conversion of faith is feigned rather than exercise of freedom of. The bombay high court has held that a hindu married to a non-hindu in accordance with hindu rituals cannot seek divorce under the hindu marriage act dec 28, 2013, 19:58 pm ist maintenance for second wife if man lied about first wedding: sc. The hindu marriage act has proposed two conditions when conversion as a ground for divorce can be invoked, these are that the respondent has ceased to follow the faith of hinduism, that is he is no longer a hindu.
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 13(1a) of the hindu marriage act, 1955 saroj rani v. If the couple wishes to have a religious marriage governed by hindu law, then the non-hindu partner must convert to hinduism if the non-hindu partner is a christian then it is also possible for the couple to marry according to christian rites under the indian christian marriage act, 1872. The hindu marriage act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.
These are, under the hindu marriage act, conversion, renunciation of world and whereabout of the respondent are not known for a period of seven years (technically. Here is your summary of hindu marriage act, 1955 a stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession there was a necessity for codified law applicable to all hindus a uniform and. This act may be cited as the hindu marriage and divorce act any person who is a convert or reconvert to the hindu, the buddhist, a marriage solemnized under.
In india, a marriage can either be registered under the hindu marriage act, 1955 or under the special marriage act, 1954 the hindu marriage act is applicable to hindus, whereas the special marriage act is applicable to all citizens of india irrespective of their religion. Under the act, if the father is a hindu such of his offspring are held to be hindu, irrespective of the caste/race to which the mother belongs, if the marriage has been performed according to the hindu form, the act is not applicable to the tribal communities though they are hindus. Grounds of divorce under hindu marriage act, 1955 has ceased to be a hindu by conversion to another religion or section 13 of the hindu marriage act, 1955.
Maintenance of wife under hindu and muslim law: comparative study under the hindu marriage act and the parsi marriage and divorce act and is called alimony. Apply for divorce under section 13 (1-a) (i) of the hindu marriage act, 1955 before passing of the marriage laws (amendment) act, 1976, the grounds for divorce are more serious than those for judicial separation.
Under the hindu marriage act, there are nine major grounds on which the marriage may be dissolved by a decree of divorce 1 the first of these is marital infidelity in which case the petitioner can seek divorce on the basis that his/her spouse who is the respondent had voluntary sexual intercourse with any person other than the spouse after the. Divorce under hindu marriage act, 1955 - free download as pdf file (pdf) or read online for free the project is on the grounds of divorce under hindu law. He becomes a hindu by conversion hindu by birth under modern hindu law, a person will be a hindu by birth if: the act calls marriage solemnized under the act as. Under hindu marriage act where in any proceeding under this act it appears to the court that either the wife or the husband has no independent income sufficient for her or his support, court may order for payment of monthly maintenance to the petitioner by the respondent.