What Is The Purpose Of Sections Of Hindu Marriage Act?

On the 18th of May, 1955 the Hindu Marriage Act came into being as part of the Hindu Code Bills, other Acts which were introduced are the Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956.

The objective behind the introduction of the act of 1955 was to codify and amend the laws relating to marriage among Hindus and others. The Act brought a uniformity of law for different sections of the Hindu community.

Also, there are religion specific civil laws in India, which separately govern the adherents of certain other religions. For further information on the subject you are advised to seek legal guidance from experienced lawyers in Kolkata. Some important Sections of the Act of the 1955 have been explained below-

• Section 3 of the Hindu Marriage Act- Section 3 explains the definitions of some of the terms which have been mentioned in the Act, some of these are explained below-

• Customs and Usages- could be understood as a rule, which has been continuously and uniformly followed for a long period of time, thus has obtained the force of law among the Hindus of a local tribe, community, group of family. Hence, any such practice which has been in continuation for a long time would be recognized by the law for that particular community of Hindus. However, such practice must be certain and not unreasonable or against public policy.

• Full blood and half blood- the Act describes a full blood relationship between two individuals where both have descended from same ancestors, i.e. father and mother are common for both such individuals, while for a half blood relationship, one of the parents shall be different,i.e. Father is the same, while the mothers are different.

• Degrees of prohibited relationship- two individuals shall be said to be falling under the degree of prohibited relationship-

1. When one of them is the lineal descendant of the other.

2. When one individual is the spouse of the lineal descendant of the other.

3. If one was the wife of the brother of the father’s/mother’s brother, or of the grandfather’s/grandmother’s brother of the other

4. If two individuals are brother and sister, uncle and niece, aunt and nephew, or the children of brother and sister or of two brothers or of two sisters.

Section 8 of the Hindu Marriage Act, 1955- under the Act of 1955, Section 8 of the Act provides for the registration of marriages.

• The State Govt. under this Act, may make rules for registering marriages which were solemnised in accordance to the provisions and conditions which have been provided under the Act.

• If the State Govt deems it to be necessary, then it may formulate that the entry mentioned in the Section 8(1), must be compulsory in such state or part of such state, or any other direction which has been issued by the state govt., if the condition has not been complied with, then the wrongdoer shall be punished with a fine extending up to Rs 25.

• Such a register maintained as has been mentioned above, must be open for inspection and will be admissible in the Court as evidence.

• Also, the validity of a Hindu marriage would not be affected if such marriage has not been so registered.

Section 16 of the Hindu Marriage Act, 1955- provides for the legitimacy of the children-

• In case of a void marriage decree of nullity is granted under Section 11 of the Act, any child which was born to such couple before the decree of nullity is given and such child would have been a legitimate child in case the marriage had been dissolved instead of being declared a void marriage, such child shall be deemed to be a legitimate child even if the marriage of his parents has been declared as void. .

• This section, however, will not confer the right to property to such a child as has been mentioned above other than the property of his/her parents. You can contact an experienced lawyer in Lucknow to have a better understanding of the law.

Section 23 of the Hindu Marriage Act- talks about-

• It will be the duty of the court before initiating for divorce or granting relief under the Act of 1955, to make every effort of reconciliation between the parties.

• The court must also ensure that the petition for divorce which is sought on the ground of mutual consent is not brought by force, fraud or influence by any of the parties.

• Also, the court must ensure that such a petition has not been presented with conspiracy by the defendant. To understand the legal provisions in a better light, you must contact an experienced lawyer in Ludhiana or your own city.

Lead India provides for a team of experienced advocates dealing with cases involving family law including issues such as succession laws, divorce, maintenance, child custody, etc. In case you wish to seek free legal advice online or talk to a lawyer or seek legal assistance, you can contact us through the internet or through phone call.

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