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The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of the Hindu Marriage Act provides for the couple seeking divorce through ...
The Court held that the first marriage would have to be dissolved under the Hindu Marriage Act, 1955. The man's first marriage would therefore, still be valid and under Hindu law, his second marriage, solemnized after his conversion, would be illegal under Section 494 of the Indian Penal Code, 1860.
Nehru split the Code Bill into four separate bills, including the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. These were met with significantly less opposition, and between the years of 1952 and 1956, each was effectively introduced in and passed by ...
Arun Kumar & Anr. versus Inspector General of Registration & Ors. (2019) is a decision of the Madras High Court which recognised trans woman as a "bride" within the meaning of the Hindu Marriage Act 1955 and prohibited genital-normalizing surgery (referred to as sex reassignment surgery in the case) for intersex infants and children except on life-threatening situations.
In the end, a series of four major pieces of personal law legislation were passed in 1955-56 and these laws form the first point of reference for modern Hindu law: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance Act (1956). Though these legislative moves ...
Special Marriage Act: 1954: 43 Essential Commodities Act: 1955: 10 Protection of Civil Rights Act: 1955: 22 State Bank of India Act: 1955: 23 Hindu Marriage Act: 1955: 25 Prisoners (Attendance in Courts) Act: 1955: 32 Durgah Khawaja Saheb Act: 1955: 36 Prize Competitions Act: 1955: 42
In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it. [4]
Section 5 of the Hindu Marriage Act of 1955 laid down conditions for a Hindu marriage. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:- (i) neither party has a spouse living at the time of the marriage; (ii) neither party is an idiot or a lunatic at the time of the marriage;