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Section 2 [2] of the Hindu Marriage Act, 1955 says: This Act applies; to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; to any person who is a Buddhist, Jain or Sikh by religion; and
It proposes changes to the Hindu Marriage Act, 1955 and Special Marriage Act, 1954. Both acts has a provision for divorce by mutual consensus of both the parties. The amendment of the marriage laws propose 'irretrievable breakdown' as an additional ground for seeking divorce. Under this provision any marriage party could file a petition for ...
Repudiation is also a concept that existed in the Roman law. [3] 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 ...
Mulla Hindu Law is authored by Satyajeet A. Desai. It is a treatise on personal laws including marriage, divorce and inheritance governing Hindus. It was first published in 1912 by Dinshaw Mulla and later edited by Justice S. T. Desai. The current advancements giving daughters equal rights in their father's properties (coparcenary properties ...
Bano was a 73-year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan. He had divorced her after 40 years of marriage by triple Talaaq (saying "I divorce thee" three times) and denied her regular maintenance; this sort of unilateral divorce was permitted under the Muslim Personal Law. She was initially granted maintenance by ...
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent secular law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied ...
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. The Sarla Mudgal judgment has issued no directions for the implementations of Uniform Civil Code , though Justice Kuldeep Singh has requested the ...
Modern Hindu law is one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law.