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The Hindu Marriage Act - 1955 |
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Marriage according to Hindu Law is a holy sanskar(sacrament) and not a contract unlike Muslim Law. The maxim " conjunctic martitet peminae est detnature " means that to keep husband and wife together is the law of nature and the maxim " viret unor consentur in lege una pensona " means that husband and wife are considered one in law. Kanyadan (formal donation of the bride by her father) and Saptpadi (circumambulation of holy fire by the bride and the groom) have basic importance in Hindu marriages. Eight forms of marriage were described, four of which were dharmya (regular) forms and the rest were adhamya (irregular) forms. The choice of life-partner was limited only to one's own dharma (religion) and jati (caste) only. Polygamy was permitted in Hindu society but not polyandry. Widow remarriage was also not permitted. Legislation of laws relating to Hindu marriage began from the year 1829 when sati was abolished by law and declared an offence at the instance of Raja Ram Mohan Roy. In 1856 Hindu Widows' Remarriage Act legalised the marriage of Hindu widows. In 1860 Indian Penal Code prohibited polygamy. In 1866 Native Converts Marriage Dissolution Act faciliated divorce for Hindus accepting Christian faith. In 1872 Special Marriage Act was passed but it excluded Hindus. In 1869, the Indian Divorce Act was passed but this too remained inapplicable to Hindus. In 1894 a penal law enforced in State of Mysore punishment for men marrying girls below the age of eight years and for males above the age of fifty, marrying girls below fourteen years. In 1909 the Anand Marriage Act legalised the marriage ceremony common among the Sikhs called Anand. In 1923 by amendment of Special Marriage Act inter-religious civil marriages between Hindus, Buddhists, Sikhs and Jains were legalized. In 1929, Child Marriage Restraint Act was passed. In 1937 Arya Marriage Validation Act recognized the legality of inter caste marriages and marriages with converts to Hinduism among the followers of Arya Samaj. In 1946 Hindu Marriage Disabilities Removal Act legalized intermarriage between the subdivisions of same caste and those within one's gotra and pravara. In 1946 Hindu Married Women's Right to Separate Residence and Maintenance Act was passed. In 1949 Hindu Marriages Validity Act legalized inter-religious marriages. In 1955 the Hindu Marriage Bill was introduced in the Parliament which was passed by both the Houses of Parliament. ACT 25 OF 1955 Hindu Marriage Act, 1955 (25 of 1955) received the assent of President on 18th May, 1955 after being passed by both the houses of Parliament. LIST OF
AMENDING ACTS
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