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THE HINDU MARRIAGE ACT 1955 SECTION:5 OR SECTION:8

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THE HINDU MARRIAGE ACT 1955


This blog I specially write for legal practitioner in civil court at district level and in civil matter in high court .rather this blog will help to every lawyer to remember act provided in THE HINDU MARRIAGE ACT 1956.
This THE HINDU MARRIAGE ACT 1956 comes into force in 1956
. An act to amend and codify the law relating to marriage among Hindu family. Enacted by Parliament of India;
This act may apply to any person who is Hindu by birth, religion in any form of his development as like virashaiva, a lingayat, or follower of Brahmas.
HNDU MARRIAGES

          SECTION: 5-Condition for Hindu marriage; In Hindu family some condition on marriage between any two Hindu which are;
(1) Neither the parties has a spouse living at the time of the marriage;

(2)  At the time of the marriage, neither party-

(a)  Is capable of giving a valid consent to it in consequence of unsoundness of mind; or

(b)  Thought capable of giving a valid consent, has been suffering from mental disorder of such kind or to such extent as to be unfit for marriage and the procreation of children; or

(c) Has been subject to recurrent attack of insanity;

(3) The bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of marriage;

(4) - The parties are not within the decree of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two,

(5) The parties are not sapindas of each other, unless the custom or usage governing each  of them permits of a marriages= between the two; 

1
SECTION:8 – Registration of Hindu marriages: Registration is necessary for both parties for the purpose of facilitating the proof of both parties marriage under Hindu marriage act 1956.

SECTION ;13A - Alternate relief in divorce proceeding -If any proceeding under this Act, on petition for dissolution if marriage by decree of divorce, except in so far as the petition as found on the grounds mentioned in clause (2),(4)and (6)of sub section 13, the court may , if it considers its just so to having regard to the circumstances of the case, pass instead a decree for judicial separation .

SECTION 13 B ;-Divorce by mutual consent ;

  1. Subject to the provision of this act a petition for dissolution of marriage by a decree together, whether such marriage was solemnized before or after the commencement  of this Hindu marriage laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have been not able to live together that they have mutually agreed that that the marriage should be dissolved.                                                                 
  2. On the motion of both the parties made earlier than six month after the date of presentation of the petition referred in sub -section (1)and not later than eighteen month after the said date , if the petition is not withdraw in the mean time, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thins fit,that a marriage has been solemnized and the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.








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