Hindu Marriage Act & Divorce as per Hindu law

Table Of Content

• What is Hindu Marriage Act?
• What was the requirement of Hindu Marriage Act?
• What are women’s rights in Hindu Marriage Act?
• Are there any Men’s rights in Hindu Marriage Act?
• How to get Legal Advice Online for Divorce As Per Hindu Marriage Act?
• What are the grounds for divorce in Hindu Marriage Act
• What is cruelty under Hindu Marriage Act section?
• Conclusion

The Hindu Marriage Act, 1955 defines the process by which a marriage is to be contracted, the legal age and the age at which marriage is acceptable, and the rights of both partners. There are cultural practices of marriage that people involve in but the Act goes beyond culture and sets guidelines for how marriages ought to be.

What is Hindu Marriage Act?

The Hindu Marriage Act, 1955 is a historic legislation that sets the legal provisions for marriage among Hindus in India. This Act was enacted by the Indian Parliament and was a departure from the traditional and customary approaches to marriage that dominated Hindu culture for many generations.

What was the requirement of Hindu Marriage Act?

The Hindu Marriage Act, 1955, outlines the conditions that must be met for a marriage to be considered valid under Hindu law.

• Both Parties Must Be Hindu
• Soundness of Mind and Legal Consent- both parties must be capable of giving legally binding consent. This means they should not suffer from unsoundness of mind, mental disorder or insanity.
• Monogamy-  neither party should have a living spouse at the time of the marriage. A second marriage is only permissible after the first marriage has ended by death or divorce.
• Age Requirements- Act mandates that the bride must be at least 18 years old and the groom must be at least 21 years old at the time of the marriage. 

You can read our blog of difference Between Judicial Separation And Divorce to understand the basic. For legal guidance, you can consult with an experienced family attorney to know your rights as per divorce rule.

What are women’s rights in Hindu Marriage Act?

• Right to Matrimonial Home: Even when the husband dies, a wife retains the legal right of a wife over the husband to dwell in the marital home.
• Right to Property: A woman has the legal right as a wife over the husband as other heirs to inherit her husband’s property.
• Right to report Domestic Violence: Women should report domestic violence.
• Right to Abortion: The Medical Termination of Pregnancy Act of 1971 offers a woman complete autonomy over whether or not to terminate a child without her husband’s consent.
• Right To Divorce: Adultery, cruelty, desertion, eviction from the marital home, mental illness, and other reasons can be used to get a divorce.

Are there any Men’s rights in Hindu Marriage Act?

As per the Hindu Marriage Act, a man is not permitted to have multiple wives at the same time. A man needs to legally divorce his first or present wife in order to marry another woman. In case he does not he is liable to get penalized as per sections 494 and 495 of the Indian penal code, 1860.

How to get Legal Advice Online for Divorce As Per Hindu Marriage Act?

Divorcing spouses may consult the website of eDrafter.in for legal advice by following these steps.

1. Visit our website edrafter.in and click on the Legal Advice in Services section of the main menu.
2. Now, you will be redirected to our Legal Advice page where you need to fill the form to provide us some required information.
3. We will schedule a call with an expert divorce advocate and will share the meeting details with you on email.
4. During the call, the Advocate will understand your case and will tell you all available legal options to protect your legal rights.

eDrafter.in makes it easy for you to obtain an experienced attorney that can provide reliable help through all stages of your break up.

What are the grounds for divorce in Hindu Marriage Act

Grounds like Adultery, Cruelty, Desertion, and Unsoundness of mind can be considered for divorce in the Hindu Marriage Act.

Also Read – Marriage Laws in India

What is cruelty under Hindu Marriage Act section?

Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the respondent.

Conclusion

In conclusion, the Hindu Marriage Act, 1955 is one of the most ancient law documents of family law dealing with marriage, divorce and also stating the rights of spouses. It focuses on the property rights, cruelty, grounds of divorce and should lead to the delivering of justice and equity which is fare for both the parties.