Be it enacted by parliament in the fifth year of the republic of india as follows. Chapter i preliminary l i this act may be called the hindu succession act. The act originated from a piece of legislation proposed during the late 19th century. In india, a marriage can either be registered under the hindu marriage act, 1955 or under the special marriage act, 1954. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. Laxmibai laxmichand shah vs laxmichand ravaji shah on 30 march, 1967. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. Short title and extent 1 this act may be called the hindu marriage act, 1955. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. Changes in the marriage system of hindus in modern india essay.
Special marriage act, 1954 will make the marriage void under section 241i20 of the special marriage act, 1954. The pdf below is colourful, systematic and has links to save your time. The pdf for special marriage act, 1954 has internal links to help you read those sections or bare acts quickly. Stey by step procedure to file for a mutual divorce. What are the exact differences between the hindu marriage act.
It has to be mental, psychological and physical union. It no more considers the marriage as a samskara as considered by dharma sastras. In other words, even though sikhs, jains or buddhist may not be hindus by religion, they are governed by this act like hindus. The gazette of india extraordinary part ii section i published by authority no. Download the pdf from the orange download button below. The hindu marriage act applies to hindus, whereas the special marriage act applies to all citizens of india irrespective of their religion. This extends to personal laws inter alia in the matter. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. Matrimonial relief under the special marriage act, 1954. Short title and extent 1 this act may be called the hindu marriage act. In this article, weve explained the conditions for a hindu marriage as per section 5 of hindu marriage act 1955.
Conditions for a hindu marriage explained in this article. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself. Aug 12, 2017 the hindu marriage amendment act, 1964 no. Hindu marriage is an important institution and it is based on religion, religious rites and for the pursuit of religion. Here we have also given some reference books and related books pdf. Keep reading the special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed.
It was the first major social reform legislation after the abolition of sati by lord william bentinck. The hindu marriage act, 1955 was enacted on the 18th may, 1955 to amend and codify the law relating to marriage among hindus. Rules regulations notifications orders circulars statutory ordinance statutes. An act to amend and codify the law relating to marriage among hindus. The special marriage act was passed in 1954 and the hindu marriage act, 1955. Marriage a sacred institution, considered an integral part of the culture, happens amongst the diverse beliefs and religions of the country. May 27, 2019 under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows. Caste and religion are considered as many important parameters for a proper solemnized marriage. The practice of monogamy, absence of widow remarriage lack of facility for easy divorce and chastity are regarded as. We are not within the degrees of prohibited relationship. Full text containing the act, hindu marriage act, 1955, with all the sections, schedules, short title, enactment date, and footnotes.
The difference between the present act and the hindu marriage act arises primarily due to the fact that the hindu act requires the person affected with leprosy to be both a incurable and b virulent. It was drafted by lord dalhousie and passed by lord canning before the indian rebellion of 1857. Read this essay about changes in the marriage system of hindus in todays india. Hindus solemnized under that act, whether before or after the commencement of this. A hindu marriage register is found in the office of the registrar of marriages, usually located in district or divisional court compounds. A mobile friendly pdf file of the hindu marriage act marriage laws amendment. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public. Be it enacted by parliament in the seventh year of the republic of india as follows. Solemnization of marriage under special marriage act, 1954. The hindu marriage act by an act of the parliament of india enacted in 1955.
This act may be called the hindu marriage amendment act, 1954, amendment of section. The pdf for special marriage act, 1954 is fit for mobile phones and has a good font. For the hindus, jains, buddhists and sikhs marrying within these four communities, the special marriage act 1954 is an alternative to the hindu marriage act 1955. Where the marriage is solemnized under this act of any person who professes the hindu, buddhist. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. Hindu marriage act, 1955 bare acts law library advocatekhoj. Our marriage was celebrated before the commencement of the special marriage act 1954 central act 43 of 1954 and according to the law custom us age having the force of low governing each of us relationship according to the act for said. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap.
An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Where the marriage is solemnized under this act of any person who professes the hindu, buddhist, sikh or jain religion with a. The supreme court of india, in 2006, made it mandatory to register all marriages. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Similarly, the special marriage act, 1954 was enacted on the 9 th october, 1954 to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Violation of condition mentioned in section 5iii19 of hindu marriage act, 1955 will not make the marriage void while the v iolation of section 4c of the special marriage act, 1954 will make the marriage void under section 241i20 of the special marriage act, 1954. A marriage in violation of any of the above conditions will stand null and void under the special marriage act, 1954. When two souls thus unite, a new soul comes into existence.
Be it enacted by parliament in the fifteenth year of the republic of india as follows. Hindu marriage act, 1955 wikisource, the free online library. The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Marriages solemnized under special marriage act are not. A hindu marriage can also be registered under the special marriage act, 1954 if both parties so desire. However under the sma, it seems there no special qualification for leprosy any type of leprosy will be a ground for divorce or judicial separation.
Pavuluri murahari rao vs povuluri vasantha manohari on 11 march, 1983. So, the act, though enacted as hindu marriage act, applies not merely to hindus by religion, it also applies to persons who profess other religions sikh, jain or buddhist. Marriage is the sacred union, legally permissible, of two healthy bodies of opposite sexes. Three other important acts were also enacted as part of the hindu code bills during this time. People who are searching for hindu marriage act 1955 book pdf can find here. The hindu widows remarriage act, 1856, also act xv, 1856, enacted on 26 july 1856, legalised the remarriage of hindu widows in all jurisdictions of india under east india company rule. It made the marriage more consensual and secular than religious. Hindu marriage and divorce act 1961 ch 250 jafbase. Hindu marriage act, 1955 with pdf download updated 2019. 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. If you are searching the conditions for a hindu marriage in india, you are at right place. Hindu marriage act, 1955 bare act with downloadable pdf.
Hindu marriage act,1955 and special marriage act, 1954. Section 5 of hindu marriage act conditions for a hindu. The act does not specifically provide for any form of marriage. Be it enact by parliament in the fifth year of the republic of india as follows. Please click on the below links for more information. Restitution of conjugal rights and judicial separation. An act further to amend the hindu marriage act, 1955. The hindu marriage act is an act of the parliament of india enacted in 1955. Harvinder kaur vs harmander singh choudhry on 15 november, 1983.