Thursday, January 2, 2020
Divorce Of The Hindu Marriage Act Essay - 3301 Words
The word which is antonym for marriage is divorce. Divorce is the event of legal separation of the husband and wife who now break the vows they took in the sacred wedding ceremony. In India, divorce is still a wide social taboo topic and the people who want divorce have to undergo many tests to separate from each other, since the divorce rate is relatively low in India. All the religions and communities usually have their own laws for divorce. In India Hindus, Sikhs, Jains i.e. all belonging to Hinduism follow Hindu Marriage Act, 1955 as the authority for divorce. Under the Hindu Marriage Act, 1955, both husband and wife has the right to dissolve their marriage by a decree of divorce. There are many grounds on which divorce is granted. Some reasons initially were replaced and were supplemented by new ones. And some new grounds were added through Marriage Laws (Amendment) Act, 1976. Section 13 of the Hindu Marriage Act, 1955 today can e reads as follows:ââ¬â THEORIES OF DIVORCE The Act gives recognition to three theories of Divorce. They are as follows:- â⬠¢ The Fault Theory. â⬠¢ Mutual Consent Theory. â⬠¢ Irretrievable Breakdown Of Marriage Theory. Under the theory of fault or breaches theory or the theory of guilt, marriage can be dissolved only when one of the parties to the marriage has committed a mistake or has breached the sacred vows of his marriage. There will be two parties in this scenario. One should be the party who has committed the fault, and the other should be theShow MoreRelatedThe As A Ground For Divorce1492 Words à |à 6 PagesGROUND FOR DIVORCE Abstract Introduction Marriages are considered to be very pure bonding of a man and a woman. The concept of marriage has evolved for a very long time and no one can deny that it is the most mandatory ceremony that humans need to perform for the growth of human civilization. According to the one of the oldest religion of earth i.e., Hinduism , marriages are a sacred relationship of two opposite sexes. In religious texts of Hinduââ¬â¢s it is even mentioned that the bond of marriages are decidedRead MoreUniform Civil Code in India1585 Words à |à 7 PagesIndia is an amalgam of many societies. A majority of the people are Hindus whereas the Muslims form a considerable minority. Other than these, there are sikhs, jews, parsees, jains, buddhists etc. All religions have their own laws. We have 1) the Hindu law (which covers sikhs, jains and buddhists) 2) Muslim Personal Law 3) Christian Personal Law 4) Parsee Civil law. This itself is a blatant violation of the Article 15 of the Constitution which says that The state shall not discrimate against anyRead MoreEssay about Marriage Rituals Hinduism and Muslim1169 Words à |à 5 PagesMarriage is a significant social event in contemporary society. It is a means of building new bonds between two individuals and their subsequent families. The foundations of memorable weddings are built on those that bring often-distant family and friends together for the occasion, while dressed in their most sophisticated attire, surrounded by elegant flowers, a night of dancing, captured through the lens of an exceptional photographer. Although Hinduism and Islam are two extremely distinctive religionsRead MoreDivorce Is The Dissolution Of A Marital Union By Legal Means1109 Words à |à 5 Pages Divorce is the dissolution of a marital union by legal means and is a subject of widespread discussion because of the severe stigmatization associated with it. A failed marriage is indicative of a personââ¬â¢s inability to cope with established societal norms and hence, people are subjected to judgement. Many face social exclusion, and for this reason unhappy couples pursue deteriorating marriages. It is also viewed as a ââ¬Ëpersonal failureââ¬â¢ and hence, couples make an attempt to salvage their disintegratingRead MoreWomen s Rights Of Women1791 Words à |à 8 Pagesdowry, etc. through enacting different laws Women and Children Repression Act 2000, Anti-Dowry Prohibition Act 1980, Cruelty of Women Law 1983. Unfortunately, the same cannot be said of family laws. This is one of the areas of law where Bangladesh is lagging behind the adequacy of the justice system to the needs of time. Personal laws govern significant aspects of family life in Bangladesh. Issues such as marriage, divorce, maintenance, custody, property right etc are determined by the religiousRead MoreMarriage Is The Foundation Of A Civilized Society Essay3333 Words à |à 14 PagesMarriage is the foundation of a civilized society. The relation once formed, the law step in and binds the parties to various obligations and liabilities arising therefrom. Marriage is an institution in the maintenance of which the public is very interested. It is the foundation of the family and in turn society, without which no civilization can exist. A marriage celebrated, whether before or after the commencement of the Hindu Marriage Act, 1955 (Act) cannot be dissolved by a decree of divorceRead MoreA Complete Picture Of The Regulation On Nri Marriages2609 Words à |à 11 PagesINTRODUCTION This paper is aimed at presenting a complete picture of the regulation on NRI Marriages in India and the issues that have risen up with the increase in the number of such marriages with time. These have gained a significant role as many Indians have settled abroad and have resorted to legal remedies as an answer to their marital problems. It is necessary to understand the nature of NRI marriages and address its issues in the legal context so as to raise awareness amongst those affectedRead MoreA Brief Note On The And State Of India1146 Words à |à 5 Pagesopportunity in matters of public employment) 2. Indian Penal code,1860 o Section 326 A(Acid attack) o Section 326 B (Attempt to acid attack) o Section 354 A (Sexual harassment) o Section 354B (act with intent to disrobe a women) o Section 354C (Voyeurism) o Section 354D (stalking) o Section 294 (Obscene acts and song) o Section 292 (sale etc., of obscene books) o Section 304 B (Dowry death) o Section 311 (Punishment of causing miscarriage, of injuries to unborn child, of the exposure of infants, andRead MoreSarla Mudgal Case Comment4423 Words à |à 18 Pagescase law Sarla Mudgal v. Union of India, AIR 1995 SC 1531. It is a review of the above mentioned case. The case holds extreme importance as it laid down principles against the practice of solemnizing second marriage by conversion to Islam, with first marriage not being dissolved, followed by Hindu husbands. This paper briefly states the facts of the case, issues raised in the case and discusses relevant laws applied in the case, decisions and analysis of the judgment followed by a conclusion. SeveralRead MoreThe Legal Dissolution Of A Socially And Legally Recognized Marital2004 Words à |à 9 Pages1. INTRODUCTION: Divorce is the legal dissolution of a socially and legally recognized marital relationship that alters the obligations and privileges of the two persons involved. It is also a major life transition that has far reaching social, pathological, legal, personal and economic consequences. People in society perceive that due to the financial independence of women in the Hindu families, divorce rates are increasing . The increasing divorce rates are taken equivalent to the women empowerment
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.