Section 26 of hindu marriage act, 1955 deals with custody of children. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. The marriage laws amendment bill, 2010 was introduced in. 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. May 25, 2012 the new amendment will change the two key legislations hindu marriage act 1955 and the special marriage act 1954. The hindu marriage act is an act of the parliament of india in 1955 as part of the hindu code bills. This amendment will enable either the husband or wife to ask for divorce.
Be it enacted by parliament in the seventieth year of the republic of india as follows. Short title and extent 1 this act may be called the hindu marriage act, 1955. A mobile friendly pdf file of the hindu marriage act marriage laws amendment bill, 2010 marriage laws. An act to amend and codify the law relating to marriage among hindus. Bill to make marriage laws more womenfriendly shelved. 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. It seeks to amend the hindu marriage act 1955 and the special marriages act, 1954 which provides. Family laws hindu law, muslim laws, special marriage act.
I after the commencement of the hindu marriage tamil nadu amendment act, 1967, shall be good and valid in law. The marriage laws amendment bill, 2010 advocatemmmohan. The hindu marriage act is an act of the parliament of india enacted in 1955. The husband challanged constitutional validity of the amended.
Cabinet approves the marriage laws amendment bill, 2010 to. The hindu marriage act, 1955 permitted divorce to all the hindus on certain reasonable grounds. 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. Special marriage act, 1954, the hindu marriage act, 1955 and the hindu. Recent amendments in divorce law legalconclave blog. 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.
Also, suggesting to do away with the act in the long run by the adoption of a uniform civil code. It proposes changes to the hindu marriage act, 1955 and. The bill is just another gender biased law open to massive misuse. The upa government introduced marriage laws amendment bill, 20 proposing amendments to the hindu marriage act.
Cabinet approves the marriage laws amendment bill, 2010 to amend the hindu marriage act. Chapter iii divorce under hindu, muslim and christian religions. The hindu marriage tamil nadu amendment act, 1967 keyword. The marriage laws amendment bill, 2010 was introduced in the rajya sabha on august 4, 2010.
Three other important acts were also enacted during this time. 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. 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. Both acts has a provision for divorce by mutual consensus of both the parties. In this actn odistricto means a hindu marriage district constituted under section 3. Such a marriage is null and void from the very beginning. Insertion of new section 7a in central act 25 of 1955. Here we have also given some reference books and related books pdf. 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. 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. Hindu marriage act unlike west, marriage in india is regarded more as a religious and social affair than a legal affair. It does not provide for solemnization of marriage by the registrar.
Recent amendments in divorce law legalconclave blog legal. Rajya sabha passed the marriage laws amendment bill,2010. Bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Short title and extent 1 this act may be called the hindu marriage act. Please click on the below links for more information. 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. 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. 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. 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. Jun 11, 2010 government of india cleared amendments for easy divorce under the hindu marriage act and special marriage act. 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. Cabinet approves the marriage laws amendment bill, 2010.
Aug 27, 20 the rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. Union cabinet approved the marriage laws amendment bill, 2010. Constitutional validity of marriage laws amendment bill 2010. A hindu can claim a decree of divorce on the grounds of either desertion or cruelty now. 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.
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 hindu widow remarriage act, 1950 has made provision for remarriage of widows. 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. Union cabinet approved the marriage laws amendment bill.
It may be noted that the personal laws of the muslims have been conveniently left out of the purview of the new amendment. 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. Marriages act, 1939, the special marriage act, 1954, the hindu marriage act, 1955 and the hindu adoptions and maintenance act, 1956. On june 9, 2010, indian government introduced a special section of irretrievable breakdown of marriage. Be it enacted by parliament in the sixtyfirst year of the republic of india as follows.
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. Constitutional validity of marriage laws amendment bill2010. Hindu marriage act pdf download hindu marriage act 1955. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court. As part of the hindu code bill, the hindu marriage act was enacted in 1955 by the parliament.
Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. The amendment of the marriage laws propose irretrievable breakdown as an additional ground for seeking divorce. Customarily the hindu marriage was considered a religious sacrament and an indissoluble bond between the spouses. The new amendment will change the two key legislationshindu marriage act 1955 and the special marriage act 1954. 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. Feb 21, 2019 the personal laws amendment act, 2019. The marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954.
In introduction to 59th law commission of india report, former chief justice of india mr. The amendment would make parting of ways less bitter as there wont be much washing of linen in public. The rajya sabha on 26 august 20 passed the marriage laws amendment bill, 2010 by voice vote. 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. Act, was deemed, under section 3 now repealed of the hindu marriage, divorce and succession act cap. An act further to amend the divorce act, 1869, the dissolution of muslim. Government of india cleared amendments for easy divorce under the hindu marriage act and special marriage act. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act. Amends the hindu marriage act, 1955 and the special marriage act, 1954. Hindu marriage act amended for easy divorce, government of. People who are searching for hindu marriage act 1955 book pdf can find here. Ammendment of hindu marriage act save bengali family. The united nations general assembly adopted a resolution in 2010 on the. 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.
Hindu marriage act basic provisions of hindu marriage act. But with the enactment of the hindu marriage act, 1955, the sacramental aspect of the hindu marriage has been. Hindu marriage act, 1955 with pdf download updated 2019. Download hindu marriage act 1955 in pdf hindu blog. Marriage laws amendment bill2010 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 is a bill that was first introduced in the indian parliament in 2010. After section 7 of the hindu marriage act, 1955 central act 25 of 1955, the following section shall be inserted, namely. What are the main changes introduced in the hindu marriage. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Hindu marriage act is applicable to marriages and divorce in hindu religion and was passed by the indian parliament in 1955.
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