Divorce in Hindu Marriage Act
Marriages frequently end in divorce because, in the early Vedic Hindu civilization, marriage was seen more as a ritual than as a legally binding union. The first Hindu law to permit divorce was the Hindu Marriage Act of 1955, which set requirements for couples to file for dissolution after establishing grounds. Under Hindu law, a person cannot get a divorce unless the court has granted it. Leprosy, venereal disease, cruelty, insanity, adultery, desertion, rejection of the world, and insanity are among the nine fault-based grounds for divorce listed in Section 13 of the Act.
To get a divorce decree, any party must provide proof of at least one legitimate basis for the divorce. Both parties may pursue the divorce remedy under Section 13(1-A) and Section 13(1), which grants matrimonial relief for divorce. In 1976, changes were made to the laws regarding marriage, which led to a comparison of the grounds for divorce and judicial separation. The Marriage Laws (Amendment) Act of 1976’s Section 13-B permits divorce by mutual consent, allowing partners to apply for divorce without pointing the finger at one another.
Hindu Marriage Act, 1995 – Marriage Laws In India
The Hindu Marriage Act is an act that regulates and updates the rules for marriages between Hindus, Sikhs, Jains, and Buddhists. The parliament passed the Hindu Marriage Act of 1955. It contains the rules about Hindu marriage, restoration of marriage rights, legal separation and divorce, maintenance, and guardianship. The conditions for a legally binding Hindu marriage are covered in Sections 5 and 7 of the Hindu Marriage Act.
In this article, we will look into the Hindu Marriage Act of 1955 in detail along with the important sections of the Hindu Marriage Act, its structure, and features.
Table of Content
- What is the Hindu Marriage Act of 1955?
- Structure of the Hindu Marriage Act, 1955
- Features of the Hindu Marriage Act
- Important Sections of the Hindu Marriage Act
- Divorce in Hindu Marriage Act
- Hindu Marriage Act UPSC
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