Nullity of marriage under Hindu law by Manjit Singh Nijjar

Cover of: Nullity of marriage under Hindu law | Manjit Singh Nijjar

Published by Deep & Deep Publications in New Delhi .

Written in English

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  • India.


  • Marriage -- Annulment -- India.,
  • Marriage -- Annulment (Hindu law),
  • Hindus -- Legal status, laws, etc. -- India.

Edition Notes

Includes bibliographical references (p. [221]-224) and index.

Book details

StatementManjit Singh Nijjar ; foreword by Gurpal Singh.
LC ClassificationsKNS572 .N55 1994
The Physical Object
Paginationxvi, 227 p. ;
Number of Pages227
ID Numbers
Open LibraryOL1250817M
ISBN 10817100587X
LC Control Number94900284

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Nullity of marriage under Hindu law by Manjit Singh Nijjar, unknown edition, Share this book. Facebook. Twitter. Pinterest. Embed. Edit. Last edited by Open Library Bot. December 4, | History. An edition of Nullity of marriage under Hindu law () Nullity of Marriage Under Hindu Law.

ISBN: X OCLC Number: Description: xvi, pages ; 22 cm: Contents: 1. Marriage and matrimonial reliefs under the Hindu Marriage Act, Bigamy Prohibited degree relationship Sapinda relationship Impotency Mental incapacity Consent to marriage obtained by force and fraud Pre-marriage pregnancy Hindu marriage laws too.

The book under review is the second edition which has come out nullity could be brought only by one of the parties to the marriage, if one of S.V. Gupte. Hindu Law of Marriage (, hereinafter referred to as Gupte).

This article deals with the nullity of marriage under Hindu law, grounds of invalidity, and effect on marriage. The term nullity, lexically, means null and void, i.e. something that has no value in the eyes of the law. The nullity of marriage is a situation under which a marriage becomes void and has no standing in a court of law.

Introduction. Nullity of Marriage and Divorce, Hindu Marriage Act, Sections Section Void Marriage. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

The Hindu marriage act was enacted in by an Act of the Parliament. The main objective of this Act is to amend and codify the Hindu marriage laws. It also contains provisions relating to separation and divorce.

It brought uniformity of law for all the sections of Hindus. HIndu Law - Valid, Void and Voidable Marriages under Hindu Marriage Act, Hindu Law: Hindu Marriage Act, Section 11 (Nullity of marriage and divorce- Void marriages) of the Act had considered following marriage to be void: Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition.

VOID MARRIAGE. Before, Hindu Marriage Act was enacted, divorce & nullity of marriage both were not recognised in Hindu law. The term nullity of marriage was first introduced after the enactment of Hindu Marriage Actunder section 11 which says as under. This choice of books covers an extensive variety of themes identifying with Hindu marriage in old and contemporary religion, history, mythology and human sciences to law, society, convention, traditions and customs, these intriguing and valuable works uncover the numerous features of the bond in the middle of man and lady in the Hindu way.

Judicial Separation In Hindu Marriage Act. It is provided under Section 10 of the Hindu Marriage Act, It is a platform of last resort before the legal breakup of the marriage, which is divorce.

As soon as a decree for judicial separation is passed, a husband or a wife is under no compulsion to live with his /. A married woman is entitled to benefits and protection under the domestic violence law until her husband gets a decree of nullity of their marriage, a Delhi court has said.

The sessions court made the law clear to a man, who had challenged a magisterial court’s order directing him to pay an interim maintenance of Rs 5, to his estranged. Legitimacy of children of void and voidable marriages. (1) Notwithstanding that a marriage is null and void under sect any child of such marriage who would have been legitimate, if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act,and whether or not a decree of nullity is granted.

The Supreme Court in the matter of “Smt. Yamunabai Anantrao Adhav A vs. Ranantrao Shivram Adhav And Ors.” discussed the issue of granting maintenance and accordingly held “that the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the.

Provisions towards nullity of marriage are given in section 12 Hindu Marriage Act (HMA). Requirements of a valid marriage are mentioned in section 5 of HMA.

The law of nullity depends upon the existence of some pre-marriage impediments. Hindu law divides these impediments into two categories. Absolute impediments; Relative impediments. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage Hindu Marriage Act Hindu Marriage Act ofcame into force on 18th of May, It has amended and codified the law relating to marriage solemnized between two Hindus.

How Can A Hindu. LLB Law Notes savari study llb Preview text Class Notes on Family Law 1 UNIT I (1st Sem 3 year LL.B) Family Law Hindu Law UNIT I Revision Study Notes for LL.B Introduction of the Hindu Law Concept of Dharma Hindu Law is a body of principles or rules called Dharma according to Hindu texts embraces everything in life.

Conditions for valid marriage under Dharma Shastras and under the Hindu Marriage Act, The Hindu marriage is samskara or a sacrament. The Hindu Marriage Act of has however brought about many changes in their conception of Hindu Marriage. Under prior law many qualifications prescribed in the texts for a valid marriage.

Annulment of Marriage under Hindu Law. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. In Hindu Law, Marriage is treated as a Samaskara or a Sacrament.

A Hindu marriage joins two individuals for life, so that they can pursue dharma (duty), artha (possessions), kama (physical. LL B Three years course First Year MVD Law College. R K Bangia Law of Torts 4 LL B Three years course First Year Ist Semester Paper IV Family Law I Hindu Law Unit I Nature Who is Hindu amp Sources of Hindu Law Hindu Marriage Act Sec 5 23 Unit II Maintenance Under Hindu Marriage Act Sec 24 amp 25 Maintenance Under Hindu Adoption And Maintenance Act Sec 18 19 amp.

A marriage which is performed in violation of absolute hindrance is void. The grounds of void marriage under the Indian personal laws are different, broadly speaking a marriage performed within prohibited degrees of relationship or a bigamous marriage except among the Muslims is regarded as void under all personal laws.

HINDU LAW. Top Hindu Wedding Books 5. Hindu Intercaste Marriage in India: Ancient and Modern - H Chakraborti This is a veritable history of inter- caste marriage in India, among both antiquated and present day Hindus.

Nullity of Marriage Under Hindu Law - Manjit Singh Nijjar A helpful asset for Hindu couples whose marital bunches are on the stones, or. The court declared that such marriage was nullity as per Section 11 of Hindu Marriage Act. ADVERTISEMENTS: Section 11 specifically enables either party to the marriage to have it declared null and void by a decree of nullity against the other party.

3 THE HINDU MARRIAGE ACT, A CT N O. 25 OF 1 [18th May, ] 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:— PRELIMINARY 1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, (2) It extends to the whole of India except the State of Jammu and.

The Hindu marriage act of has reformed the marriage according to Hindu law. It is considered as a landmark in the history of social legislation.

Also, this law has not only codified Hindu marriage law. It has also introduced many important changes in many aspects. Act, was deemed, under section 3 (now repealed) of the Hindu Marriage, Divorce and Succession Act (Cap.

), to be a valid marriage or which would have been so deemed if it had been solemnized in the Colony; or (c) a marriage solemnized under the Special Marriage Act, (No.

43 of ), or the Hindu Marriage Act, (No. 25 of ). Several times a question arose that a codified Hindu Law does not apply to those persons which belongs to schedule tribe under article clause (25) of the constitution. Section 2(2) of Hindu Marriage Act and the case of Dashrath v/s Guru Orrisa and Kadam v/s Jeetan of Patna given the answer of this question.

The Hindu Marriage Act is an Act of the Parliament of India enacted in Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (), the Hindu Minority and Guardianship Act (), the Hindu Adoptions and Maintenance Act (). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.

Nullity of marriage can be sought under section 11 of the Hindu Marriage Act and section 24 of the Special Marriage Act. The procedure and timeline for the disposal of a nullity is the same as for a divorce petition (see above, Divorce).

(8) The concept of nullity of marriage was unknown to Hindu Law before the amendment made by sections 11 and 12 read with section 5 of the Act. Section 19 of the Indian Divorce Act,however, already existed on the Indian statute book outside the Hindu Law.

It was in pari materia to sections 11 and 12 read. Sandeep Ananda Patil, has held that there is no limitation period under the Special Marriage Act,for presenting a petition to declare a void marriage, in terms of Sect a nullity.

Also Read - Daughters born before the enactment of the Hindu Succession Act, have equal rights in. This seems to be the reason that the Muslim law-givers and the text book writers discuss the subject of this Chapter under the caption, “Divorce” or “Dissolution of Marriage”.

The concept of void marriage (batil) did exist in Muslim law, but the law of nullity of marriage was practically unknown. In Section 7, the ceremonies and customs of a Hindu marriage are duly recognised, giving sentimental value to the act. In Section 8, the act lays down the provisions for the registration of marriage.

Judicial separation, nullity of marriage, and divorce has been provided in the act. After a valid divorce, either party may remarry (Section 15). Chapter 1. Definition and Forms of Hindu Marriage Chapter 2.

Importance of Institution of Marriage under Hindu Law Chapter 3. Salient or Essential Features of Hindu Marriage Act, Chapter 4. Application of Hindu Marriage Act, (Section 2) Chapter 5. Definitions Chapter 6. Overriding Effect of the Hindu Marriage Act, Chapter 7. Chapter 4: Consequences of Marriage under this Act Chapter 5: Restitution Conjugal Rights and Judicial Separation Chapter 6: Nullity of Marriage and Divorce Chapter 7: Jurisdiction and Procedure Chapter 8: Miscellaneous The Hindu Windows' Remarriage Act, Chapter 1: Marriage of Hindu.

1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories Application of Act.—(1) This Act applies— (a) to any person who is a Hindu by religion in any of its forms.

A Hindu woman can seek help from the ordinance only when the marriage is solemnised by Special Marriage Act and registered. It is amazing that there is no specific Hindu marriage law or no marriage registration system for Hindu people in Bangladesh.

But, now days to legalize the marriage a Hindu couple can seek help from the court. Nullity of Hindu Marriage Void Marriage (Sec. 11) Void Marriage (Sec. 11) A Hindu Marriage can be dissolved as null and void, on a petition presented by either party thereto against the other party on any of the following THREE grounds.

Bigamy [Sec-5(i)] Sapinda Relationship [Sec-5(iv)] Prohibited Degrees of Relationship [Sec-5(v)] Adv. Subhan. Which is the easiest way to legally end a socially pressurized hindu marriage.

Can I file my case in the place where I am residing. Is a test for psychological incapacity required for petition for declaration of nullity of marriage. I live in Ireland and need legal advice regarding a nullity of marriage.

Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. In Hindu Law, Marriage is treated as a Samaskara or a Sacrament. Divorce, however is a thorny question and Annulment is a very unusual remedy.

In our modern world, an Annulment tends to be more a creature of religion than of law. THE HINDU MARRIAGE ACT, (Act No. XXV of ) 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: CHAPTER I PRELIMINARY 1.

Short title and extent - (1) This act may be called the Hindu Marriage Act, a marriage solemnised under the Hindu Marriage and Divorce Ordinance,of Kenya, the Special Marriage Act,of India or the Hindu Marriage Act,of India, or any enactment substituted for that Ordinance or those Acts; or A decree of nullity of marriage— The provisions of any state’s law providing substance that.Dissolution of Marriage: Fault Theory, Break Down Theory, Consent Theory - Concept of irretrievable breakdown of marriage - Grounds of Divorce under Hindu Marriage Act,Special Marriage Act,and The Divorce Act,as amended by the Indian Divorce Act, Module IV.

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