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65-1081: 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). The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions. Section 2 of

130-434: A cooling period of six months from the date of filing of a petition for mutual divorce till such divorce is actually granted, with the intention that it would save the institution of marriage. But there may be occasions when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under Article 142 in an irreconcilable situation (between the couple). When it has not been possible for

195-562: A guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: the father; the mother; the paternal grandfather; the paternal grandmother; the brother by full blood; the brother by half blood; etc. The Guardianship For Marriage was repealed in 1978 after the Child Marriage Restraint Amendment was passed. This amendment increased the minimum age requirement for marriage in order to prevent child marriages. Section 7 of

260-432: A marriage as consummated when the "spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh". Thus some theologians, such as Fr. John A. Hardon, S.J. , state that intercourse with contraception does not consummate a marriage. In many traditions, consummation

325-578: A marriage on the grounds of irretrievable breakdown, which is otherwise not provided under section 13 of The Hindu Marriage Act, 1955. The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of

390-401: A number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to

455-537: A petition within one year of marriage and that are discussed later under section 14. Under section 13 B of the Act, mutual divorce is a provision that allows both the husband and wife to dissolve their marriage by mutual consent. It is a legal procedure that offers an amicable and less adversarial approach to ending a marital relationship. Mutual divorce provides an opportunity for couples to part ways on agreed terms, minimizing conflict and emotional distress. Under section 14 of

520-460: A private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all

585-423: A religion other than Hindu, mental abnormality, venereal disease, and leprosy. A wife can also present a petition for the dissolution of marriage on the grounds that the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Newly married couples cannot file a petition for divorce within one year of marriage. There are some exceptions to file

650-487: A remainder of an oppressive tradition. Commenting on the case of R v R , which criminalised marital rape in England and Wales, Harris-Short and Miles write: [A] historical view again throws useful light on the matter: until 1991, husbands were permitted to have sexual intercourse with their wives regardless of whether they were then actually consenting, the original act of consummation and the resultant marital status entitling

715-418: A required component in the creation of the marriage itself. According to traditional Christian theological interpretations , "It is intended by God for the husband to be the one to break his wife's hymen ", which when perforated during intercourse creates a blood covenant that seals the bond of holy matrimony between husband and wife. Consummation is particularly relevant in a Catholic marriage . Within

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780-572: A specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in the United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through

845-459: Is also relevant in the case of a common-law marriage . The historical importance of consummation has resulted in the development of various bedding rituals . In addition to these formal and literal usages, the term also exists in informal and less precise usage to refer to a sexual landmark in relationships of varying intensity and duration. The relevance of consummation in a civil marriage varies by jurisdiction. For example, under section 12 of

910-435: Is an important act because it suggests the bride's virginity ; the presence of blood is erroneously taken as definitive confirmation that the woman was a virgin. In the family law defining civil marriage in some jurisdictions, particularly those where the civil marriage laws remain influenced by religion (albeit they are officially secular), non-consummation of a marriage may be a ground for annulment (an annulment

975-463: Is different from a divorce because it usually acts retrospectively). This stipulation has been in recent years heavily criticized on a wide variety of grounds, ranging from the mixing of religious doctrine into secular law, to being degrading to women given its negative historical connotations of ownership of the wife. It has been argued that the purpose of this ground is not clear: it is neither procreation (the act need not end in pregnancy, and neither

1040-401: Is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which

1105-460: Is not concerned with the capacity of either or both parties to procreate, still less with the ability of the parties to satisfy each other sexually during the marriage.   [...] It remains a rather curious anomaly in the law, a relic perhaps of medieval times, when the first act of intercourse was thought to 'mark' a new bride as the 'property' of her husband. Whatever its origins, it is not entirely clear what modern purpose this ground serves and it

1170-481: Is outdated and must be abolished "in a modern society committed to equality and human rights in personal relationships". In a 2001 report, the Law Society of Ireland 's Law Reform advocated abolishing the concept of a voidable marriage altogether (since divorce had been introduced in 1996) and criticized the consummation ground, writing the following: The rationale behind this ground is not immediately apparent. It

1235-589: Is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in the House of Commons, or S- if they originate in

1300-417: Is suggested that it should be dispensed with. Another concern is sexual violence , especially since in most countries the criminalization of marital rape is recent, having occurred from the 1970s onwards; the maintaining in law of the concept of consummation is argued to foster cultural and societal attitudes and understandings of marriage that make it more difficult to acknowledge these violations; and to be

1365-459: Is there a need of the possibility of it, given the fact the consummation is legally valid even if one or both parties is sterile), neither is it the expectation of sexual satisfaction in marriage (one single act of sexual intercourse is sufficient, even if the spouse following the consummation says they will never again engage in intercourse). Andrew Bainham argues that this law (in England and Wales )

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1430-523: The Catholic Church , if a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ratum sed non consummatum . Such a marriage, regardless of the reason for non-consummation, can be dissolved by the pope . Additionally, an inability or an intentional refusal to consummate the marriage is probable grounds for an annulment . Catholic canon law defines

1495-589: The Hindu petitioners requested recognition under Hindu Marriage Act. These petitioners include Hindu queer rights activists , such as Abhijit Iyer Mitra, Gopi Shankar Madurai , Giti Thadani and G.Oorvasi. Nibedita Dutta and Pooja Srivastava, a Hindu lesbian couple who got married in Varanasi , Uttar Pradesh . Sameer Samudra and Amit Gokhale, a Hindu gay couple who got married in Columbus , United States . The petition requested

1560-539: The Matrimonial Causes Act 1973 , a refusal or inability to consummate a marriage is a ground of annulment in England and Wales , but this only applies to heterosexual marriage because Paragraph 4 of schedule 4 of the Marriage (Same Sex Couples) Act 2013 specifically excludes non-consummation as a ground for the annulment of a same-sex marriage . Other common law jurisdictions, such as Australia , have abolished

1625-554: The Supreme Court to recognise the marriage between any two persons, regardless of gender identity and sexual orientation , by enforcing the fundamental rights guaranteed under Articles 14 , 15 , 19 , 21 and 25 of the Indian Constitution . The petitioners argued that they require legal recognition of their marriage because, unlike unregistered opposite-sex married couples, they often encounter officials who question

1690-408: The Act, the courts cannot accept a divorce request within one year of marriage, unless a petitioner can can demonstrate exceptional hardship or their spouse's exceptional depravity. Section 25 of the Act allows either spouse, after the finalization of divorce or judicial separation, to approach the court for an order of permanent alimony or maintenance. It aims to provide long-term financial support to

1755-483: The Act, the state government may make rules for the registration of Hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the Hindu Marriage Register. This registration is for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before

1820-601: The Hindu rites of passage . The nature of marriage for Hindus was radically changed by the passage of the Hindu Marriage Act (1955), the Special Marriage Act, 1954 , which brought marriage into the realm of civil law. It was further changed in 1983 by addition of section 498A to the Indian Penal Code , which aimed to protect married women from cruel treatment by husbands and in-laws There was fierce religious opposition to

1885-426: The Hindu Marriage Act provides for the couple seeking divorce through mutual consent to wait for a period of six months after making first joint application for divorce. It is only after the expiry of the six months that the couple can move second application for the dissolution of their marriage. Pronouncing the judgment, Justice Altamas Kabir said: "It is no doubt true that the legislature had in its wisdom stipulated

1950-517: The Hindu Marriage Act recognises the ceremonies and customs of marriage. Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party. Such rites and rituals include the Saptapadi —the taking of seven steps by the bridegroom and the bride jointly around the sacred fire. The marriage becomes complete and binding when the seventh step is taken. As stated in Section 8 of

2015-406: The Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on the grounds of irretrievable breakdown of marriage, was introduced in the parliament in 2012. The Bill replaces the words "not earlier than six months" in Section 13B with the words "Upon receipt of a petition." It also provides a better safeguard to wives by inserting section 13D by which the wife may oppose

Hindu Marriage Act, 1955 - Misplaced Pages Continue

2080-522: The Hindu Marriage Act, 1955 says: The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India. The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of the Indian Constitution. However, with

2145-399: The Hindu Marriage Act, as what "the statute aims at relieving is the regulation of marriage, and not that two same-sex individuals could marry each other. The Act is a codifying statute, and not a penal or disabling statute" and that it was improperly codified. While most of the petitioners in the consolidated marriage case requested recognition of marriage under secular marriage laws, some of

2210-648: The Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to

2275-588: The Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Consummation The consummation of a marriage , or simply consummation , is the first officially credited act of sexual intercourse following marriage . In many traditions and statutes of civil or religious law,

2340-579: The Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In the Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In

2405-412: The amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading,

2470-423: The calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example the 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be

2535-453: The court is satisfied with the truth of the statements and finds no legal ground to deny the application, it may decree restitution of conjugal rights. Section 10 of the Act also provides for judicial separation, where either party to a marriage can present a petition for a decree of judicial separation. The court has the power to rescind the decree if it deems it just and reasonable to do so. Any marriage can be voidable and may be annulled on

2600-399: The definition usually refers to penile–vaginal penetration (i.e., heterosexual ), and some religious doctrines hold an additional requirement prohibiting contraception . In this sense, "a marriage is consummated only if the conjugal act performed deposits semen in the vagina ." The religious, cultural, or legal significance of consummation may arise from theories of marriage as having

2665-400: The dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation. Section 5 of Hindu Marriage Act, 1955 states:- " Section 5. A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely - Section 6 of the Hindu Marriage Act specifies the bride's guardianship for marriage. Wherever the consent of

Hindu Marriage Act, 1955 - Misplaced Pages Continue

2730-575: The enactment of these laws, and especially to the legal introduction of divorce, which is not permitted in Hinduism. There was also resistance to the principle of equal inheritance by sons and both married and unmarried daughters, contrary to the Hindu view that a married daughter belongs to the family of her husband, not her birth family. Some have argued that Hindu marriage cannot be subjected to legislative intervention. Duncan Derrett predicted in his later writings that despite some evidence of modernisation,

2795-399: The financially weaker spouse who may have limited earning capacity or resources to sustain themselves. The court considers various factors such as the income, assets, and liabilities of both parties, as well as their individual needs and circumstances, while determining the amount of alimony or maintenance to be awarded. Section 24 of the Act empowers either spouse to seek financial support from

2860-506: The following grounds: the marriage has not been consummated due to impotency, may be complete or partial impotency (for example conditions such as impotence quoad hoc), contravention of the valid consent mental illness condition specified in Section 5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioning spouse. Divorce can be sought by husband or wife on certain grounds, including: continuous period of desertion for two or more years, conversion to

2925-468: The following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by the Parliament of England did not originally have titles, and could only be formally cited by reference to

2990-433: The grant of a decree on the grounds that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage. New section 13E provides restriction on decree for divorce affecting children born out of wedlock and states that a court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for

3055-470: The legal concept of consummation. In some countries, such as Egypt , Syria , Jordan , the United Arab Emirates , Saudi Arabia , Yemen , Libya , Mauritania , and Indonesia , religious marriage is the only legally binding marriage. In other countries, a religious marriage without civil registration may or may not be legally binding. In the case of common law marriage, consummation may be

3120-507: The legitimacy of their relationship. The petitioners had to rely on personal connections and the goodwill of the authorities to access social and economic rights that are automatically available to married couples. To make their case, they presented evidence of the difficulty they faced in simple tasks such as opening joint bank accounts and obtaining proof of residence. [REDACTED] The full text of Hindu Marriage Act, 1955 at Wikisource Act of Parliament A draft act of parliament

3185-515: The maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage. Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by replacing the words "not earlier than six months" in Section 28 with the words "Upon receipt of a petition" and provides restriction on decree for divorce affecting children born out of wedlock. However, there

3250-550: The motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that the clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it

3315-510: The other party during the ongoing legal proceedings. The objective is to ensure that the dependent spouse can maintain a reasonable standard of living and have the necessary resources to meet their day-to-day expenses. It aims to provide temporary relief to the financially weaker spouse until a final settlement is reached. Based on recommendations of the Law Commission, a legislation was proposed. The Marriage Laws (Amendment) Bill, 2010 to amend

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3380-426: The parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since the mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to

3445-485: The parties to live together and to discharge their marital obligations towards each other for more than one year, we see no reason to continue the agony of the parties for another two months." A case before the Madras High Court opinioned same-sex marriage within historical Hinduism, that homosexual acts are not forbidden under the Act, and that marriage is a fundamental constitutional right. If literally interpreted,

3510-459: The passage of Anand Marriage (Amendment) Bill in 2012, Sikhs now also have their own personal law related to marriage. A marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act, 1955 on the same working day when applied. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by

3575-401: The proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into

3640-434: The purpose of producing legally recognized descendants of both partners , or of providing sanction to their sexual acts together, or both, and its absence may amount to treating a marriage ceremony as falling short of completing the state of being married, or as creating a marriage which may later be repudiated. Thus, in some legal systems, a marriage may be annulled if it has not been consummated . Consummation

3705-458: The registrar of marriage appointed by the Govt. of India and marriage certificate is issued. In Hinduism, marriage is a sacred relationship. Traditionally, there was no role for the state in marriage and it was treated as private affair within the social realm. Within this traditional framework reference, marriage is undoubtedly the most important transition in a Hindu's life and the most important of all

3770-473: The same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e.,

3835-465: The society. Let them bring a uniform civil code . Why is it only for the Hindus?" Shilpa Sailesh Vs Varun Sreenivasan : Hon’ble Supreme Court of India held that it can exercise power under Article 142(1) to grant a decree of divorce by mutual consent and can bypass the provisions of section 13B of The Hindu Marriage Act, 1955. Hon’ble Supreme Court of India also recognized its discretionary power to dissolve

3900-469: The sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which the relevant parliamentary session met. This has been replaced in most territories by simple reference to

3965-423: The state legislature. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein. As stated in section 9 of the act, in cases where either the husband or the wife has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply to the district court for restitution of conjugal rights. If

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4030-400: The terms "groom" and "bride" may be viewed as referring to narrow definitions based on genders ("male" and "female"). However, the Hindu Marriage Act was a codification of the ancient Sastrik law by the colonial government for the purpose of regulating issues such as divorce. Application of the "mischief rule" in this situation allows homosexual marriage to be allowed under the current reading of

4095-598: The whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to the law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through

4160-465: Was not passed in the Lok Sabha . Protest against the bill came from Men's rights movement groups. Hridaya, a Kolkata-based NGO, demonstrated against the bill. Amartya Talukdar (a men's rights activist) raised concern that the bill introduces no-fault divorce for Hindus only. According to him, "If the Government really wants to bring about empowerment of women, let them make it open for all sections of

4225-473: Was opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce. Therefore, the bill was amended to provide for the wife's consent for waiver of six-month notice with the words "Upon receipt of petitions by the husband and the wife." The Bill was passed by the Rajya Sabha in 2013, though it

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