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The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
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 ...
The Hindu Personal Laws beginning with the creation of the Anglo-Hindu Law lead to widespread changes, controversies and civil suits in Hindu society across all strata and in monastic orders. Between 1860 and 1940, the issue of succession in the Anglo-Hindu Law led to legal issues of ownership and distribution of property in ascetic-run ...
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 ...
Stridhana is a term associated with property in Hindu Law. Whether property is stridhan, or a woman’s estate, depends on the source from which it has been obtained. A woman has inalienable rights over stridhan, and she can claim the same even after separation from her husband. [1]
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.
In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal.
Under this act only Hindus may adopt subject to their fulfilment of certain criteria. The first of these asserts that the adopter has the legal right to (under this Act that would mean they are a Hindu). Next, they have to have the capacity to be able to provide for the adopted child. Thirdly the child must be capable of being adopted.