Act, 1956, the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956 were enacted as a part of the Hindu Code Bills.
The Hindu Marriage Act, 1955 was passed in order to protect the legal rights of Hindu brides and grooms who have been joined by the holy bond of marriage.
The kind of ceremony which must take place is not specified by the law as there are numerous methods as per the hindu customs by which a man and woman could solemnise their marriage.
Objective behind the Hindu Marriage Act, 1955
The principal goal of the Act was to update as well as the codification of the law governing marriage between the Hindus. It provides for the provisions of divorce and separation, concept of which has already provided under the Shastric Law (Vedic Hindu Law), as well as modifying and codifying the Shastric Law.
The Act provided for a uniform law for all Hindu groups. In India, certain religions have their own civil rules regulating their followers separately. Essential features of the Act of 1955
Forbidding bigamy: The Act prohibits an individual from having multiple wives at the same time. Provided under the Section 5 of the Act that it is illegal to have two living wives at the same time, also known as bigamy. It means that one can not marry a second spouse without divorcing their first spouse. If he commits the act of bigamy, it will be unlawful and he shall be penalised in accordance to Sections 495 and 495 of the Indian Penal Code.
Marriageable age: As per Section 5 (iii) of the Hindu Marriage Act of 1955, the bridegroom should be at least 21 years old while the bride must be at least 18 years old when they get married. In case the marriage is not carried out after the required age has been attained by the parties, such marriage would be void and shall have no legal standing.
Act of 1955 intends to protect the marriage of the party: The provision of restitution of conjugal rights has been provided under Section 9 of the 1955 of Act. Restitution of conjugal rights refers to the right of the parties to remain together. Conjugal rights could be defined as the rights derived from a marital tie. The main idea behind the Section 9 is that a spouse has the right to cohabitate with his/her partner in order to safeguard their union and preserve sanctity of the marriage.
Focus is on the mental stability of parties getting married: A person’s marriage shall be null and void if they were mentally unfit at the time of the marriage. The individual must also provide legally binding consent before becoming married. The prerequisites for a Hindu marriage in relation to the mental health and capacity have been provided in Section 5(ii)(a),(b),(c).
Significance of ceremonies involved in marriage: The law provides that if two people are getting married as per the customary rituals and rights, their marriage shall be lawful. The father has to take care of and safeguard the children born after marriage as they will be legally entitled to exist.
Format of application under the Hindu Marriage Act, 1955
An Application under the Hindu Marriage Act, 1955 could be filed like any other application-
IN THE FAMILY COURT OF__________
H.M.P. NO.__________
In the Matter of:
_________________________
…
...APPLICANT
v/s
_________________________
…
…RESPONDENT
APPLICATION FOR THE MAINTENANCE AND EXPENSES OF PENDING LEGAL PROCEEDINGS MENTIONED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1956
Main matter pointwise mentioned as under-
….
….
….
Prayer:
Verification:
Should be filed along with an affidavit. For further information it is advised to seek legal guidance from experienced lawyers in Noida.
Conclusion
The Act of 1955 has been introduced so as to modify and codify the laws governing the Hindu marriage. The Act of 1955 defines the conditions for a Hindu marriage and offers several matrimonial reliefs including the restitution of conjugal rights, nullity of marriage, judicial separation and divorce. Some limits have also been imposed on marriage in case of mental illness.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to both civil and criminal laws. In case you wish to seek free legal advice or talk to a lawyer for legal matters involving marriages you may contact matrimonial lawyer in Delhi or matrimonial lawyer in Gurgaon, you may contact us.
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