Hindu Marriage Act

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BA LLB
(Third Semester)
Paper code-201
Hindu Marriage Act, 1955
BA LLB
(Third Semester)
Paper code-201
Hindu Marriage Act, 1955
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)

Learning outcomes
Define what is meant by Hindu Marriage Act in India according to
the act.
 Factors that can determine the relationship between Husband and
Wife.

What are essentials of HMA?
Monogamy ,Mental Capacity, Age of the Parties, Degrees of
Prohibited Relationship.

Ceremonies necessary for a Hindu
Marriage.
Rites and Ceremonies.
Seven steps by Bride and Bridegroom.
Sacred Fire.

Effect of breach of
essentials conditions of
valid marriage?
As per section – 5 of Hindu
Marriage Act, 1955.
Completion Spouse age of
majority according to act
1955.

Divorce and Divorce by Mutual Consent, according to marriage laws
amendment act, 1976.
1.Under section – 13-
2.Divorce by mutual 13- B.
.

.
Various grounds of obtaining
Decree according to HMA?
1.Restitution of conjugal rights.
2.Judicial seperation.
3.Divorce.
4.What is the provision of divorce by mutual
Consent.

.
Uniformity in Religious grounds.
1.sanskara.
2.Sacred relationship.
3.Hindus, sikhs, jains &Buddists.
4.Caste considerations.

Tips
.
Confidence building in relations.
Removal of misconceptions.
Act as gentle personality.
Be positive always not to be possessive in any
point of time.
Manage and control household activities properly.

UNIT - IIUNIT - II

Learning outcomes
Define what is meant by Muslim Marriage Act in India according to
the act.
 Factors that can determine the relationship between Husband and
Wife.

What are essentials of Muslim
Marriage?
•Objects and nature of marriage and its validity
•Obligations arising out of marriage
1. Classical law
2. Statutory law

Ceremonies necessary for a Muslim
Marriage.
Civil contract
Mahr.
Quboolnama
Age of majority

Kinds of Muslim marriage
Sahih or valid marriage
Batil or Void marriage
Fasid or irregular/ invalid marriage

Dissolution of Muslim Marriage
Act, 1939
Talaq : Concept and modes
Grounds : 1. Under classical law
2. Under statutory law
.

.
How marriage is dissolved:
1.Automatically by expired of the term fixed
2.At any time by the husband “ Making a gift of
the term” to the wife even before the expire of the
term.

.
Different kinds of Divorce under
Mohammedan law
1.By husband at his will without the intervention
of a court .
2.By mutual consent of the husband and the
wife , also without intervention of a court.
3.By judicial decree on the suit of the husband or
the wife
4.By operation of the law

Modes of Talaq :
1.Talaq-ul-sunnat,which is again subdivided into-
a. Talaq-e-ahsan
b. Talaq-e-hasan
c.Talaq-e-biddat
2. illa
3. Zihar
4. Khula
5. Mubarat
6. Lian of false charge of adultery
7. Judicial divorce
.

UNIT - IIIUNIT - III
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)

Learning outcomes
 Capacity of a male Hindu to take in adoption (section 7)
 Capacity of a female Hindu to take in adoption (section 8)


Essential requisites of a valid
adoption
• No adoption shall be valid unless:
1. The person adoption has the capacity and
also the right to take in adoption
2. The person giving in adoption has the
capacity to do so
3. The person adopted is capable of being
taken in adoption
4. The adoption is made in compliance with
the other conditions mentioned in chapeter 11 of
the act

Other conditions to be fulfilled
according to section 11.
Adoptive mother or father by whom the adoption is made
must not have a Hindu son, son’s son
 If the adoption is of a son or a daughter, father or mother
by whom the adoption is made must not have a Hindu
daughter or son’s daughter living at the time of adoption
 If the adoption is by a male and the person to be adopted is
female the adoptive father is atleast 21 years older than the
person to be adopted and vice a versa for female
 The same child may not be adopted simultaneously by two
or more persons

Section 8 of the Hindu Adoption and
Maintenance Act 1956 provides:
Female Hindu has also the capacity to make a son or
daughter in adoption if:
1. She is of sound mind
2. She is not a minor
3. She is not married or if married her marriage has been
dissolved or husband is dead or has completely and finally
renounced the world or has ceased to be Hindu or has been
declared by court of competent jurisdiction to be of unsound
mind

According to section 10
No person shall be capable of being taken in adoption
unless the following conditions are fulfilled namely:
a. He or she is a Hindu
b. He or she has not already being adopted
c. He or she has not been married unless there is a
custom or usage applicable to the parties which permit
person who are married being taken in adoption
.

.
According to section 21of Hindu
Adoption and Maintenance act 1956
1.Dependent means
a. His or her father
b. His or her mother
c. His widow, so long as she does re-marry
d. His or her son or the son of his pre
deceased son so long as he is a minor.
e. His or her unmarried daughter or the
unmarried daughter of his pre deceased son so
long as she remains unmarried

.
According to section 23 of Hindu
Adoption and Maintenance Act 1956
Amount of maintenance means:
a. It shall be in the discretion of the court to determine whether any, and
if so , what maintenance shall be awarded under the provisions of this act
b. In determining the amount of maintenance , if any, to be awarded to a
wife, children or aged or infirm parents under this act as follows
1. The position and status of the parties
2. The reasonable wants of the claim
3.If the claimant is living separately whether the claimant is justified in
doing so.
4.The value of the claimant’s property and any income derived from
such property, or from the claimant’s on earning or from any other source

According to section 6 of Hindu
Minority Guardianship act 1956
The natural guardian of Hindu minor in respect of the minor’s
person as well as in respect of respect of minor’s property are:
a. In the case of a boy or an unmarried girl- the father, and after
him the mother provided that the custody of a minor who has not
completed the age of five years shall ordinarily be with the mother
b. In the case of an illegitimate boy or an illegitimate girl the
mother, and after her the father
c. In the case of a married girl- the husband
Rights of natural guardian
1.Right to custody 3. Right to control movement
2.Right to control education 4. Right to determine the religion
.

UNIT - IVUNIT - IV
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)

Learning outcomes
Provisions of Special Marriage Ac,9154
 Emerging trends:
1. Surrogacy
2. Live-in Relationship
3. In-Vitro
4. Domestic violence act 2005
5. Same sex marriage

Special Marriage act 1954
• Apply to whole of India except J&K
• Under this act two persons irrespective of their
religion and caste can get married
• Conditions of valid marriage –monogamy,
soundness of mind, age limit, prohibited
relationship
• Solemnization of marriage

Surrogacy
Surrogacy means an arrangement in which a woman
carries and delivers a child for an other couple or person
 Wrongs in surrogacy- exploitative , health issues and lack
of legal protection
 In December 2005 introduction and implementation fo
National guidelines for Accreditation, supervision and
Regulation of assisted reproductive technology(ART) Clinics
in India by ICMR, MHoFW and Government of India

Live-in Relationship
 Cohabitation is an arrangement whereby two people decide
to live together on a long term or permanent basis in an
emotional / or sexually intimate relationship
Supreme court set Justice Malimath Committee which
submitted its report in 2003, observed that if man and woman
are living together for a reasonable long period they deemed
to be married to each other

IVF
Meaning- In-Vitro fertilization
Supervised by ART guidelines 2010
ART has three tier system of infertility management
centers-
LEVEL 1
LEVEL 2
LEVEL3
.

.
Domestic Violence Act, 2005.
1.Act guarantees Art- 14,15 & 21
2. Introduced to provide a remedy in the civil law
for the protection of women from being sufferer of
the domestic violence & to avert domestic
violence in the society.
3.Acts of domestic violence are :
a. Physical violence –beating,slapping etc
b. Sexual violence- forced intercourse
c. Verbal and emotional-

.
Acts of domestic violence are :
a. Physical violence –beating,slapping etc
b. Sexual violence- forced intercourse
c. Verbal and emotional- insult ,yelling etc
d. Economic violence –Not providing food, medicines, not allowing to
take up job, taking away salary etc
Reliefs under DV act 2005
a. Protection
b. Residence
c. Monetary relief
d. Custody

SAME SEX MARRIAGE
Homosexuals- Please having attraction
towards same sex
Wide variation in legal treatment of lesbians,
gay bisexuals and transgender( LGBT)
High court if Delhi declared section 377 of IPC
illegal
Seventeen states in India have legalised gay
marriages
.

THANK YOU
.

Hindu Marriage Act

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