16 July 2018 02:37PM
As a major aspect of the Hindu Code Bill, the Hindu Marriage Act was instituted by Parliament in 1955 to revise or amend and to codify marriage law between Hindus. And also managing the establishment of marriage (including the validity of marriage and conditions for invalidity), it likewise controls different parts of individual life among Hindus and the appropriateness of such lives in more extensive Indian culture.
The Hindu Marriage Act gives direction to Hindus to be in a methodical marriage bond. It offers significance to marriage, cohabiting rights for both the bride and groom and a security for their family and youngsters with the goal that they don't experience the ill effects of their parental issues.
The Act applies to all types of Hinduism (for instance, to a man who is a Virashaiva, a Lingayat or a devotee of the Brahmo, Prarthana or AryaSamaja) and furthermore perceives branches of the Hindu religion as indicated in Article 44 of the Indian Constitution. Remarkably, these incorporated Jains and Buddhists. The Act likewise applies to any individual who is permanently inhabitant in India and who isn't a Muslim, Jew, Christian, or Parsi by religion.
In spite of the fact that the Act initially connected to Sikhs also, the Anand Karaj Marriage Act gives Sikhs their very own law identified with marriage.
In spite of the fact that the Act initially did not make a difference to nationals in the State of Jammu and Kashmir, the impact of the J&K Hindu Marriage Act, 1955 made it relevant and applicable.
CONDITIONS FOR MARRIAGE:
Section 5 of The Hindu Marriage Act determines that conditions must be met for a marriage to have the capacity to occur. On the off chance that a function happens, however, the conditions are not met, the marriage is either void naturally or by default, or voidable.
A marriage may be declared void if it contradicts any of the following:
1. Where either party is underage. The bridegroom should be of 21 years of age and the bride of 18 years as it is the legal age to get into a marriage.
2. When either of the parties is not of a Hindu religion. Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
3. Either party is already married. The Act expressively prohibits polygamy. A marriage may only be solemnized if neither one of the parties has a living life partner at the time of the marriage.
4. The parties are Sapindas or within the degree of prohibited relationship.
A marriage may later be voidable (annulled) if it contradicts any of the following:
1. When either party is feeble or say; impotent, unfit to perfect the marriage by consummation, or generally unfit for the procreation of children.
2. One of the parties did not willfully give the consent. With a specific end goal to consent, the two parties must be of the sound brain and fit for understanding the implications of marriage. On the off chance that either party experiences a psychological issue or repetitive attacks of insanity or epilepsy, at that point that may show that consent was not (or couldn't be) given. In like manner, if the consent was constrained or gotten fraudulently, at that point the marriage might be voidable.
3. The bride was pregnant by another man other than the groom during the marriage.
REGISTRATION OF A MARRIAGE:
A marriage can't be enrolled except if the accompanying conditions are satisfied:
1. A marriage ceremony has been performed; and
2. The parties have been living together as husband and wife
Also, the parties are more likely than not been residing inside the locale of the Marriage Officer for a time of at least thirty days quickly going before the date on which the application is made to him for registration.
Section 8 of the Hindu Marriage Act enables the State Government to make rules for the Registration of Hindu Marriages specific to that State, especially regarding the account of the particulars of marriage as might be recommended in the Hindu Marriage Register.
Registration provides confirmation of marriage. In that capacity, the Hindu Marriage Register ought to be open for examination and inspection at all sensible circumstances for the time (enabling anybody to acquire verification/proof of marriage) and ought to be accepted as proof/evidence in an official courtroom.
Remarriage is only possible once a marriage has been dissolved by
· A decree of divorce, or
· Mutually giving consent
Also, never again have the capacity to be claimed (regardless of whether there was no privilege of advance in any case, or whether the ideal opportunity for engaging has terminated or expired, or whether an appeal has been presented yet rejected).
Jagdish Mangtani vs. Geeta Jagdish Mangtani on 22nd January, 2002.
Bench: K. Mehta
1. Jagdish Mangtani appellant-husband (original petitioner) has filed this Second Appeal under Section 100 of C.P.C. against the judgment and decree dated 15-12-1999 passed by the learned Joint District Judge, Kachchh at Gandhidham in Regular Civil Appeal No. 189 of 1999. The learned Judge by his impugned judgment and decree was pleased to allow the appeal filed by Smt. Geeta Jagdish Mangtani wife (original respondent). The learned Judge was pleased to quash and set aside the judgment and decree dated 18-6-1999 passed by the learned Civil Judge (S.D.), Gandhidham, in Hindu Marriage Petition No. 14 of 1998 filed by Shri Jagdish Mangtani appellant-husband. The learned trial Judge has passed a decree of divorce between the appellant and the respondent wife by dissolving their marriage as provided under Section 13 of the Hindu Marriage Act.
2. The facts giving rise to this petition are as under:
2.1 Marriage between Jagdish Mangtani-appellant husband and Geeta Jagdish Mangtani respondent-wife was solemnized on 2-11-1993 as per Hindu customs at Ulhasnagar, Mumbai. At the time of marriage, the husband was working in the shop at a meagre salary of Rs. 1400/- per month whereas the respondent-wife was serving as a primary teacher at Adipur, Gandhidham, drawing a salary of Rs. 7000/- per month.
2.2 As per the facts as emerging from the record the appellant-husband is residing with his parents and brothers in a joint family at Ulhasnagar, Mumbai. The respondent-wife originally is staying at Adipur, Gandhidham (Kutch). They both jointly stayed for some time in Mumbai. However, after the marriage, the respondent took leave and came to Ulhasnagar and at that time she proposed the petitioner to settle at Adipur as she was serving in a primary school as a teacher at Gandhidham. The petitioner did not agree to it that led to some dispute and difference and also led to a quarrel between the appellant and the respondent.
2.3 It was submitted that somewhere in February 1993 the respondent-wife conceived and ultimately on 2-6-1993 the wife went to her parents' house for the purpose of delivery and rest. However, after that, the boy was born on 11-11-1993. The wife thereafter has not returned to the matrimonial house and thereby the respondent-wife has deserted the husband.
2.4 From the record it appears that the appellant-husband addressed a notice dated 30-9-1996 through his Advocate to the respondent-wife at Exh. 21 in which it was stated that after the marriage the respondent-wife was interested in a job as a teacher in Nagarpalika school at Anjar and to settle at Adipur, and therefore, the respondent was pressurising the appellant-husband to resign his job and to settle in Adipur. As the appellant-husband was not agreeable for the same, quarrel started in this behalf.
2.5 The respondent-wife replied to the said notice on 14-10-1996 at Exh. 22 and denied the contention of the petitioner-husband. The respondent-wife has stated that she is prepared to stay at the matrimonial house at Mumbai.
2.6 The appellant-husband has issued another notice dated 21-10-1996 to the respondent-wife which is at Exh. 23 and reiterated what has been stated in the notice dated 30-9-1996. It was stated that the respondent-wife has left her matrimonial house without any reasonable cause. It was reiterated that the appellant-husband has decided to settle at Ulhasnagar with his parents and he is not interested in resigning his present job and to reside at the in-law's house at Adipur as a son-in-law. It appears that the respondent-wife has also replied to the said notice vide her letter dated 4-12-1996 denying the contentions in the said notice. The respondent-wife has stated that she is always ready to leave the job of Anjar and she is ready and willing to settle and live with the petitioner-husband.
2.7 In view of the above, ultimately the appellant-husband has filed a petition for divorce. Originally, the appellant-husband filed petition being H.M.P. No. 754 of 1996 in the Court of Civil Judge (S.D.), Kalyan on the ground of desertion as contemplated under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The said petition was filed on 31-12-1996. In the said application the respondent-wife filed written statement on 14-9-1997 before the learned Civil Judge (S.D.), Kalyan. Ultimately, the same was transferred to the Court of Civil Judge (S.D.), at Gandhidham (Kutch) and numbered as H.M.P. No. 14 of 1998.
2.8 After the transfer of the petition to the Court of Civil Judge (S.D.) at Gandhidham-Kachchh, the appellant-husband was examined at Exh. 19. In the deposition also the husband stated that he is staying with his parents in a joint family and the wife was serving as a teacher at Gandhidham. The respondent-wife did not agree to stay at Ulhasnagar, Mumbai, and therefore, it led to a quarrel between the appellant-husband and the respondent-wife. The appellant-husband made efforts to bring the respondent-wife but she was not prepared to leave the job at Gandhidham and to come to her matrimonial home at Ulhasnagar. It was stated the appellant-husband was drawing a salary of Rs. 1400/- per month whereas the respondent-wife was getting a salary of Rs. 3000/- per month.
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