HINDU MARRIAGE ACT

INTRODUCTION
A Hindu marriage is the most important sacrament under Hindu law. It’s a ritual ceremonies where both bridegroom and bride become a union of indissoluble means flesh with flesh, bone with bone to be continued in next world which is accept by all Hindus. Marriage was meant for doing good deeds and attain moksha.
DEFINATION
According to Rig-Veda,
The father has a responsibility to watch after his daughter before marriage and to choose a decent person (bridegroom) to look after her. They gift her daughter to bridegroom in front of fire god according to the rituals under Hindu marriage. Also Daughter asset is not mandatory for marriage.
NATURE OF HINDU MARRIAGE
According to Hindu text,
i) A man is only half of his self before the marriage.
ii) He’s not fully born until he took a wife.
iii) Only after marriage he become complete
It’s an act applicable for all Hindus by religion, Buddhist, Jain or Sikh which is extent to whole of India. All customs or usages that existed before to the act, as well as any other laws that were in existence at the time, will be nullified.
IMPORTANCE
I) Marriage was meant for doing good deeds and attain moksha.
II) To fulfil religious duties and begetting of son who enable a man to get deliverance from suffering of hell. Son debt are pitra rin/ dev rin/ rishi rin.
III) Most imp place in social life.
IV) One of the most imp sacrament.
V) After marriage it’s solemnise once for all.
VI) All religious and ceremonies must performed by Hindu in companionship of his wife if not perform then it is bear fruit.

HINDU MARRIAGE CONDITIONS
All the customary and rites must perform for a valid marriage:
i) Prior to marriage, both the male and female had given their free permission. Furthermore, neither of them has a spouse, meaning that they were both single before marrying.
ii) Age is also an applicable condition under Hindu marriage that is Bridegroom age must 21 and bride age is 18 is mandatory for the marriage.
iii) Neither bridegroom and bride in degree of prohibition relationship
iv) Parties are not sapinda of each other.
v) Guardianship in marriage- repeal by child marriage restraint amendment act, 1978.
vi) Most important rite of Hindu marriage ceremony word SAPTAPADI means taking seven steps by bridegroom and bride jointly before sacred fire.

JURISDICTION AND PROCEDURE
Sec19 court to which petition presented- Any party may bring a petition in district court after the marriage is solemnised.
The petition you may file should be fair, true by the petitioner permit by the court.
Application of act 5 of 1908 regulate this act subject with the CPC provisions
Sec21A Power to transfer petition in certain cases-court has the power
Sec21B Special provision relating to trial and disposal of petition under the act
Sec21C Documentary evidence- No document shall be inadmissible in evidence in any action at the trial of petition, notwithstanding anything in any enactment to the contrary.
When a petition is filed in court, it is required that no single document, proof, or other information be published in any newspaper or news until the court issues an order.
In every case where a marriage is dissolved by a decree of divorce the court passing the decree shall give a copy thereof free of cost to each of the parties under Sec 23 of Hindu marriage act.

LANDMARK JUDGEMENTS
• NANDINI SANJIV AHUJA V. SANJIV BIRSEN AHUJA ON MARCH,1988 BOMBAY HC

In this case nandini (wife) is the applicant and Sanjiv (husband) who file the petition
Revision of applicant that pray for quash the order passed by civil judge rejection the application under sec13 HMA.
Allegation-That wife had an adulterous relationship with Anil, the applicant’s sister’s spouse. In a written statement, the applicant objected to the petition.
I) Applicant state that non applicant receive costly presents /gain handsome amount/list.
II) Non applicant contravened rule 4(i)
III) Sec 14 and 21 of HMA not disclosing petition relating to property mention in sec 27
Filed by non-applicant should dismissed.
a) Property for bride
b) Articles of dowry
c) Present to husband or parent-in-law and other member of family.
The Supreme Court is concerned that a criminal prosecution of a husband who failed to return articles and stridhan of wife could be brought under section 405 of the Indian Penal Code. Under section 27 of the Hindu Marriage Act and section 14 of the Hindu Succession Act, stridhan has been repealed.
The Supreme Court stated that section 27 of the Hindu Marriage Act was not resolved because no arguments were presented.

Aishwarya Says:

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