Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a watershed in the history of social legislation. Not only has it codified Hindu marriage law, but it has also made other significant revisions. The Act's proposed Hindu marriage scarcely qualifies as sacred. The Act brought about a number of significant reforms that had far-reaching effects and greatly diminished the sacramental character of marriage by turning it into a contract.
The Act's principal goal was to update and codify the law
governing marriage between Hindus and other people. [1] It contained divorce
and separation, both of which are already covered by Sastrik Law, in addition
to modifying and codifying Sastrik Law. This legislation made Hindu law the
same for all Hindu communities. In India, certain different religions have
their own civil rules that regulate their followers separately.
There are 30 sections in Hindu Marriage Act. Here are some important sections of the Act.
1. The Hindu Marriage Act of 1955 states in Section
2 [2]: The following applies:
· to anyone who practises Hinduism in any of its
manifestations, including Virashaivas, Lingayats, and adherents of the Brahmo,
Prarthana, or Arya Samaj;
· to anyone who practises Buddhism, Jainism, or
Sikhism as a religion; and
· Unless it is demonstrated that any such person
would not have been subject to Hindu law or to any customs or usages that are
part of that law in respect of any of the matters dealt with herein if this Act
had not been passed, it shall apply to any other person residing in the
territories to which this Who is not a Muslim, Christian, Parsi, or Jew by
religion is defined by the act
· Therefore, unless it is proven that such persons are not covered by the Act under any custom or usage, this section applies to Hindus by religion in any of its forms, as well as Hindus within the extended meaning, such as Buddhists, Jains, or Sikhs. In fact, it applies to all such persons domiciled in the country who are not Muslims, Christians, Parsis, or Jews. Only if a Hindu is domiciled in Indian territory does the Act apply to Hindus living outside of India.
2. The Hindu Marriage Act of 1955 reads in Section
5[2]: Section 5 states that any two Hindus may get married as long as the
following requirements are met: neither party has a spouse who is still alive
at the time of the marriage, neither party is incapable of consenting to the
marriage due to mental incapacity or, if they are capable of consenting, has
been afflicted with a mental disorder severe enough to render them unfit for
marriage and childbearing; The parties are not sapindas of each other unless
the custom or usage governing each of them permits of a marriage between the
two; the bridegroom has reached the age of twenty-one at the time of the
marriage; and Unless the tradition or usage that governs each of them permits
of a marriage between the two, the parties are not within the degrees of
prohibited relationship sickness of a form or intensity that disqualifies one
from getting married and having children.
3. The Hindu
Marriage Act's Section 7 acknowledges the marriage rituals and practices. Hindu
marriage can be formally dissolved using the rites and traditions that either
side holds dear. The Saptapadi, in which the bridegroom and the bride take
seven steps together in front of the holy fire, is one of these rites and
rituals. When the seventh stage is completed, the marriage is consummated and
legally binding.
4. According
to Section 8 of the Act, the state government may establish regulations for the
registration of Hindu marriages, allowing the parties to any such marriage to
have details about their marriages entered in the Hindu Marriage Register in
the manner and under the conditions that may be prescribed. This registration
is being done to make it easier to prove Hindu weddings. The state legislature
may be presented with any rules created under this provision. The Hindu
Marriage Register shall be accepted as proof of the statements made therein and
should be available for inspection at all appropriate times.
Even if a couple wants to do court marriage, they can do
court marriage under the Hindu marriage act. They need to register that
marriage under section 8 of the Act. Couples can do same
day court marriage in Delhi if they are living in Delhi. If a couple lives
in Jaipur, they can do court marriage
in Jaipur. Likewise, if a couple lives in Ghaziabad they can do Ghaziabad
court marriage
Visit
us: - https://www.leadindia.law
Call
Us: - +91-8800788535
Email:
care@leadindia.law
YouTube:
- https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook:
- https://www.facebook.com/leadindialaw
LinkedIn:
- https://www.linkedin.com/company/76353439
Twitter:
- https://twitter.com/leadindialaw
Pinterest:
- https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
ghaziabad
court marriage, same
day court marriage in delhi, court marriage
in Jaipur
No comments:
Post a Comment