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    Hindu Marriage Act

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    Rajvi Dedhia
    The Hindu Marriage Act outlines the following: 1. It defines the scope of who the act applies to and prohibited relationships. Marriages must meet conditions like consent, minimum age, and not being in a prohibited relationship. 2. It provides for restitution of conjugal rights if one spouse refuses to live with the other without reasonable cause, as well as judicial separation on grounds like cruelty. 3. Marriages can be declared void or voidable for reasons like force or fraud. Divorce can be granted for reasons like adultery, cruelty, desertion, conversion to another religion, and more. Once divorced, spouses have no rights over each other.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Hindu Marriage Act

    Uploaded by

    Rajvi Dedhia
    71 views4 pages
    The Hindu Marriage Act outlines the following: 1. It defines the scope of who the act applies to and prohibited relationships. Marriages must meet conditions like consent, minimum age, and not being in a prohibited relationship. 2. It provides for restitution of conjugal rights if one spouse refuses to live with the other without reasonable cause, as well as judicial separation on grounds like cruelty. 3. Marriages can be declared void or voidable for reasons like force or fraud. Divorce can be granted for reasons like adultery, cruelty, desertion, conversion to another religion, and more. Once divorced, spouses have no rights over each other.

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    Hindu Marriage Act

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    The Hindu Marriage Act outlines the following: 1. It defines the scope of who the act applies to and prohibited relationships. Marriages must meet conditions like consent, minimum age, and not being in a prohibited relationship. 2. It provides for restitution of conjugal rights if one spouse refuses to live with the other without reasonable cause, as well as judicial separation on grounds like cruelty. 3. Marriages can be declared void or voidable for reasons like force or fraud. Divorce can be granted for reasons like adultery, cruelty, desertion, conversion to another religion, and more. Once divorced, spouses have no rights over each other.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views4 pages

    Hindu Marriage Act

    Uploaded by

    Rajvi Dedhia
    The Hindu Marriage Act outlines the following: 1. It defines the scope of who the act applies to and prohibited relationships. Marriages must meet conditions like consent, minimum age, and not being in a prohibited relationship. 2. It provides for restitution of conjugal rights if one spouse refuses to live with the other without reasonable cause, as well as judicial separation on grounds like cruelty. 3. Marriages can be declared void or voidable for reasons like force or fraud. Divorce can be granted for reasons like adultery, cruelty, desertion, conversion to another religion, and more. Once divorced, spouses have no rights over each other.

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    © All Rights Reserved
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    Hindu Marriage Act

    Chapters/Parts
    Preliminary
    Hindu Marriages
    Restitution of Conjugal Rights
    Judicial Separation
    Nullity of Marriage
    Divorce
    Jurisdiction and Procedure
    Savings

    Notes/summary of these chapters/parts (don't need to reproduce the sections)

    Chart of sections and a gist of the provisions in above chapters

    Landmark judgements on sections


    9 to 14, 21A, 22, 24, 25, 26

    (Judgements preferably Supreme court, Bombay High Court and then Other High courts, in
    this sequence preferable. If SC and BOM HC Judgement not available, then other HC
    Judgements. Prepare a short note about the Judgements talking about facts, law/question
    of law involved and ratio).

    Also
    Specific Judgements on
    1. S. 14
    2. Quantum of Maintenance
    3. Cruelty - mental cruelty
    4. Courts power to do away with the 1 year period / 6 months period

    All In a word file. Take 2 days time for this.

    Special Marriage Act

    Chapters/Parts
    Preliminary
    Solemnization of special Marriages
    Registration of Marriages celebrated in other forms
    Consequences of Marriage under this Act
    Restitution of Conjugal Rights
    Judicial Seperation
    Nullity of Marriage
    Divorce
    Jurisdiction and Procedure
    Miscellaneous
    Notes/summary of these chapters/parts (don't need to reproduce the sections)

    Chart of sections and a gist of the provisions in above chapters

    Landmark judgements on sections


    4, 22 to 25, 27, 28, 29, 33, 35 to 38, 40A,

    (Judgements preferably Supreme court, Bombay High Court and then Other High courts, in
    this sequence preferable. If SC and BOM HC Judgement not available, then other HC
    Judgements. Prepare a short note about the Judgements talking about facts, law/qn of law
    involved and ratio).

    Also
    Specific Judgements on
    1. Quantum of Maintenance
    2. Cruelty - mental cruelty
    3. Courts power to do away with the 1 year period / 6 months period

    All In a word file. Take 2 days time for this.

    Family Courts Act

    Chapters/Parts
    Preliminary
    Family Courts
    Jurisdiction
    Procedure
    Appeal
    Revision
    Miscellaneous

    Notes/summary of these chapters/parts (don't need to reproduce the sections)

    Chart of sections and a gist of the provisions in above chapters/parts

    All In a word file. Take 1 day time for this.

    Total 3 assignments.
    You could send all at once after 5-6 days.

    Or one by one as per the time stated in each Assignment


    Hindu Marriage Act
    Preliminary
    Applicable to any person who belongs to Hindu religion including Virashavia, a Lingayat;
    follower of Brahmo, Prarthana or Arya samaj; Buddhist, Jain, Sikh religion; all other people
    domiciled in the territories to which the act extends who are not Muslim, Christian, Parsi or
    Jew by religion.

    Also applicable to all or any legitimate or illegitimate children of both parents who belong,
    either parents belong and the child has been raised as above mentioned religion, any person
    converted to above mentioned religion.

    Definitions

    Full Blood
    Half Blood
    Uterine Blood
    Sapinda Relationship

    Prohibited relationship as per the act:


     Lineal ascendant or descendant
     Wife or husband of lineal ascendant or descendant
     Wife of the brother or father or mother or grandfather or grandmother’s
    brother of the other;
     Brother - sister; uncle-niece; aunt- nephew; children of brother or sister;
    These relationships include legitimate, illegitimate, half blood, uterine blood, adoption as
    well as by blood.

    Hindu Marriages
    Conditions for Valid marriage

    1. Neither party has a living spouse


    2. Capable of valid consent and of sound mind
    3. Not suffering from mental disorder that’s extents as to of unfit for marriage
    and procreation of children.
    4. Groom over age 21 and 18 for bride.
    5. Parties not within prohibited relationship

    Marriage to be solemnized as per custom and ceremonies like saptapadi.

    Registration of Hindu marriage as per state government.


    Restitution of Conjugal Rights and Judicial Separation
    When either husband or wife without reasonable case refuses to live with the other party,
    the aggrieved party may apply, for restitution of conjugal rights. It will be on the party
    refusing to live together to prove reasonable cause.

    Judicial separation grounds as per act Section 13 (1). After decree for judicial separation
    passed, no need for cohabitation.

    Nullity of Marriage and Divorce


    Any marriage not according to conditions for valid marriage is void.
    Voidable marriages according to the act may be annulled by a decree of nullity based on,
     marriage has not been consummated due to respondent
     not a valid marriage
     consent obtained by force
     respondent was at the time of the marriage pregnant by some other person
     petition presented before lapse of 1 year after force or fraud discovered.
     at the time of the marriage ignorant of the facts alleged
     marital intercourse with the consent of the petitioner has not taken place
    since the discovery by the petitioner of the existence of the said ground.

    Section 13 Grounds for Divorce

     infidelity
     cruelty
     deserted
     converted religion
     mental disorder
     psychopathic disorder
     venereal disease
     renounced the world by entering any religious order
     not been heard of as being alive for a period of seven years or more
     Judicial separation
     Divorce by mutual consent

    Section 14 no dissolution of a marriage by a decree of divorce


    Section 15 divorced and no right

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