Section 15 of hindu marriage act. Petition under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act is converted into petition under Section 13B of Hindu Marriage Act for grant of decree of divorce by mutual consent. Sections 406, 498A quashed. 2019-03-10

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Restriction For Remarriage Under Hindu Marriage Act Primarily Applicable For Parties Contesting The Decree Of Divorce: SC [Read Judgment]

section 15 of hindu marriage act

Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i. The bridegroom should be of 21 years of age and the bride of 18 years. Legitimacy of children of void and voidable, marriages. Section 15: what is about? This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. If the intention to harm, harass or hurt could be inferred by the nature of the conduct or brutal act complained of, cruelty could be easily established. Therefore, the appeal is deemed to have been withdrawn on 28.

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Restitution of conjugal rights under the Hindu Marriage Act

section 15 of hindu marriage act

A similar provision for divorce by mutual consent exists also in Section 28 of the Special Marriage Act, 1954. Anju Gupta, in the Court of Addl. In view of the stand taken by the respondent No. Introduction Marriage as an institution gives rise to a relationship between two partners: The Husband and the wife, which further gives rise to more relations. Overall, the response from local governments and administrators was that they were unanimously opposed to Maine's Bill and believed the legislation encouraged marriages based on lust, which would inevitably lead to immorality.

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Legal Provisions of Section 15 of the Hindu Marriage Act, 1955

section 15 of hindu marriage act

He becomes a Hindu by conversion. धारा 9 हिन्दू विवाह अधिनियम Image info : Resolution:1280x720 Size:93kB 6. I want to get her back. Ingredients of Section 5 Parties must be Hindus under Section 2 3 of Hindu Marriage Act. Essential ceremonies required for bigamy If the marriage is not a valid marriage, it is no marriage in the eyes of law. The facts of the case were that the Appellant had sought for challenging a divorce decree granted in favour of his First wife before the High Court.

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Legal Provisions of Section 14 of the Hindu Marriage Act, 1955

section 15 of hindu marriage act

If the marriage is not a valid one according to the law applicable to the parties, no question of its being void by reason of its taking place during the life of the husband or wife of the person marrying arises. There can be unilateral withdrawal of consent. This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i. But with changing times, a new steam of thought has take place where alternative methods are adopted to solve a matrimonial dispute. The dissolution of the marriage is complete once the decree is made, subject of course to appeal. . As the name itself suggests, divorce by mutual consent means a decree of divorce obtained when both parties to the marriage, i.


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Special Marriage Act, 1954

section 15 of hindu marriage act

By Advocate Subhan Bande Image info : Resolution:638x359 Size:40kB 8. It only gives a right to the other spouse to file a petition under S. They occupied the same room, i. Separation being filed this month in Canada. She withdrew the letter written by her to the Family Court resiling from the compromise.

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Restitution of Conjugal Rights in Hindu Marriage Act

section 15 of hindu marriage act

Bowmen, the Court held that this case gave some guidance in considering what could be treated as exceptional hardship or depravity by laying the following general principles: 1 Adultery with one person is not exceptional depravity. The marital obligation has been further buttressed by clear statutory recognition by section 9 of the Hindu Marriage Act; Kailash Wati v. Sapinda relationship may submit in case of both the parties through the father or in case of both through the mother; or it may subsist in case of one of them through the father and on case of the other through the mother. It is necessary that there should be harmony between the two com- munities. A joint petition is filed together by both parties.

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Petition under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act is converted into petition under Section 13B of Hindu Marriage Act for grant of decree of divorce by mutual consent. Sections 406, 498A quashed.

section 15 of hindu marriage act

If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again. On the oral request made, the original petition filed under Sections 13 1 ia and 13 1 ib of the Hindu Marriage Act H. The two articles read together validate the impugned clause in section 497 of the Indian Penal Code. If it is accepted that section will not apply to cases when a decree is passed under Sections 11 and 12 it will mean that as soon as a decree is passed the party aggrieved may appeal but the other party by remarriage would make the appeal infructuous. The idea of restitution is very harsh and barbaric, as it forces either of party to compromise. Even otherwise, the Court may issue an appropriate direction so as to satisfy himself as to whether apart from treatment, he requires adequate protection inter alia by way of legal aid so that he may not be subject to an unjust order because of his incapacity. Other features:- No dowry taken, not even a Katori.

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Restitution of conjugal rights under the Hindu Marriage Act

section 15 of hindu marriage act

Proviso omitted by Act 68 of 1976, sec. Mental cruelty can cause even more serious injury than the physical harm and create in the mind of the injured appellant such apprehension as is contemplated in the section. Though Family court rejected her plea, the High court found favour with it, and declared the marriage as null and void. A marriage solemnised under a particular statute and according to personal law cannot be dissolved according to another personal law, simply because one of the spouses had changed his or her religion. Sections 5 and 7 lay down that such a marriage can be solemnised in accordance with the customary rights and ceremonies of any one of the parties to the marriage.

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Salient features of the Hindu Marriage Act, 1955

section 15 of hindu marriage act

The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. She has also accepted the sum of Rs. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom. Obviously, this would have no bearing on the other conditions of a valid marriage. Whenever owing to some natural weakness of mind or on account of some fear, whether entertained reasonably or unreasonably, but nonetheless really entertained or when a party is in such a mental state that he finds it almost impossible to resist the pressure, it will amount to force.

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