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What is Hindu Marriage Act 1955 Chapter (I) Under Section 1 to 4

Hindu Marriage Act 1955 Preliminary

 Short Title and extent - According to Section (1), This Act may be called the Hindu Marriage Act.

This law applies all over India a But not applies in Jammu and Kashmir and applies also to Hindu Domiciled in the territories to which Act extends who are outside the said territories.

This Case Read Sondur Gopal V/s Sondur Rajini, Air 2013 Supreme Court 2678 - The Hindu Marriage Act 1955 has extraterritorial application and this act applies to all Hindus, living in India and out of the country provided they are domiciled in India.

According to Section (2),  Application of the act - This act applies 

Here,

  1. To any person who is a Hindu by religion in any of its forms or developments, including  Virashaiva,  Lingayat or a follower of the Brahmo Prarthana or Arya Samaj.
  2. Any other person who is Buddhist Jain and Sikh by religion
  3. To any other domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by Hindu law.
  4. By any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation - The following person are Hindu, Buddhists, Jain or Sikhs by religion as the case may be

  1. Any Child, legitimate or illegitimate, both of whose parents are Hindu, Buddhists, Jain or Sikhs by religion
  2. Any Child, legitimate or illegitimate, both of whose parents are Hindu, Buddhists, Jain or Sikhs by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.
  3. Any person who is converted or re-convert to the Hindu, Buddhists, Jain or Sikhs or religion.

(2) Notwithstanding anything in sub Section (1) nothing contained i this Act shall apply to any scheduled Tribes within the meaning of clause (25) of Article (366) of the Constitution unless the Central Government, by notification in Official  Gazette, otherwise directs.

(3) According to this act, such a person will be given the status of a Hindu post; Those persons who are not under him, but who are not Hindus, will be such a person whom this Act applies by virtue of the provision contained in this section.

We understand this from the case

K.M Manu v/s Chairman Scrutiny Committee for Verification of Community. Certificate, AIR 2015 Supreme Court 1402 -

If the parents of a person are converted from Hinduism of Christianity and he is born after the conversion and embraces Hinduism and the members of the caste accept him he comes within the fold of the case.

(Krishna Kumari v/s Palace Administration Board Kalikkotta, AIR 2009 Kerala High Court 22)

This Act applies to Hindu. Any child legitimate or illegitimate, both of whose parents are Hindu, would be a Hindu. Only one song parents is a Hindu father is admittedly a Muslim by reason of SEC 2(1) (c) Act is not applicable to a Muslims, Christan, Parsi or a Jew by religion. However as per clause (b) coming under explanation illegitimate child one of whose parents is a Hindu by religion, could also be Hindu provided he has been brought up as a member of the tribe, community group or family to which the Hindu parent belongs or belonged.

(Yagapurush Dasji v/s Muldas AIR 1966 Supreme Court 1119)

Those Personsssss are Hindu who recognised themselves as Hindus and who act according to Hindu religion and culture.

Definition of Hindu Marriage Act 1955

According to Section (3) clause (a), A custom has been adopted and followed for a long time in any group, community, tribe, and family by any place or region.

For example - In the olden day's Hindu marriage was followed by a pharaoh, it was then adopted by some community or group family such as wearing Mangal Sutra or filling the Mag

Definition of Hindu Marriage Act 1955

It has two provisions.

  • Whatever this practice is, it should not be against any public policy or society.
  • Whatever the practice or tradition is in the family or community group, it is not broken in the middle of the tradition, or in any family or community group, the practice has been abandoned or it has been abandoned by other family members. Drove. So this type of practice will not be considered custom.

According to Section (3) clause (b),  From the District Court, we understand that any city area within which there is a civil court which empowers it under the Principal Civil Court, by notification in the Official Gazette by the State Government, empowers it to authorize the matter of the Act.

What is full blood and half-blood in Hindu law

What is full blood and half-blood in Hindu law


Clause (c), Full - Blood - If any men and women marriage and he is born an only one child then he is full blood.

Half-Blood meaning - If any men and women already married and his wife dead or else alive. Then he marries another and his wife child a born. he is a half-blood descended.

Define Uterine Blood and Relationship Means

Define Uterine Blood and Relationship Means

Clause (d) Uterine Blood - Two people are said to be related to each other by uterine blood. for example, if any men and women already married but her husband dies then her wife another marriage but a common ancestress. then She is a child born than her child is uterine blood

Explanation - In close (c) and (d) "ancestor" includes the father and "ancestor" the mother.

Clause (e)  "Prescribed" means prescribed by rule made under this act.

Sapinda relationship Hindu marriage act 

Clause (f) " Sapinda Relationship -  Sapinda relationship are based on the principle of is that which is directed towards a person from the mother who is up to the third generation in the uppermost tradition under which the third generation is considered and the father is considered as the fifth generation. who is to be counted as the first generation.

Sapinda relationship chart

sapinda relationship chart

Credit by Wikimedia

(ii) Two-person are said to be a Sapinda relationship of each other if one is a lineal ascendant of the other within the limits of Spinda Relationship.

Clause (g) Degree of Prohibited Relationship -  Two persons are said to be within the degrees of prohibited relationship.

  1. If one is a lineal ascendant of the other or
  2. If one was the wife or husband of a lineal ascendant or descendant of the other or
  3. if one was the wife of the brother and of the father s and mother s brother and of the grandfather s or else grandfather s brother.
  4. If the two are brother and sister  and uncle and niece, aunt  and nephew or else children of brother and sister or else of two sister

Explanation - For the purpose of clause (F) and (G) Relationship includes

  • Relationship by half or uterine blood as well as legitimate
  • Illegitimate blood relationship as well as legitimate
  • Relationship by adoption as well as by blood. And all terms of relationship in those clauses would be construed accordingly.

We understand this from the case

Laxmi v/s Bhagwnat Buva, AIR 2013 Supreme Court 1204

Custom has the effect of modifying general personal law, but it does not override statutory law, Uness the custom is expressly saved by it.

Laxmi v/s Bhagwnat Buva, AIR 2013 Supreme Court 1204

Custom must be proved by clear and unambiguous evidence. It can not be extended by analogy or logical process.

According to Section (4) Overriding effect to the provisions of Hindu Marriage Act

Overriding effect to the provisions of Hindu Marriage Act
  • The interpretation of Hindu law or any custom or else usage as part of that law in force immediately before the commencement of the act will cease to have effect with respect to any matter for which provision is made.
  • Any other law in force immediately before the commencement of this act will cease to have effect in so far as it is inconsistent with any of the provision contained in this act.

FAQ

who is hindu

Section 1 Any person who is a convert and reconver to the  Buddhist and Jaina or Sikh religion

what is sapinda relationship

Two Person are said to be Sapinda Relationship of each other if one is a lineal ascendant of the other within the limit.

What is degree of prohibited relationship

if one was the wife of the brother or of the father s on mohter.

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