What Is The Purpose Of Section 3 Of Hindu Marriage Act?

May 24, 2023

Numerous examples of marriage fraud cases that left both men and women afraid or ashamed led to the proposal of this legislation. This act requires everyone who identifies as a Hindu, Jain, Sikh, or Buddhist and who is not also a Muslim, Christian, Parsi, or Jew, or who is subject to another law, to uphold it. Any individual who is a Hindu by birth or by religion is bound by this rule. The Hindu Marriage Act contains a detailed definition of a Hindu in Section 2.

Section 3:

The Hindu Marriage Act of 1955's Section 3 repeals the Smritis' list of prohibited degrees of kinship and adds new ones, such as the prohibition on marrying one's brother's spouse. Women who have recently been divorced or widowed are excluded from this rule, nevertheless.

The phrases "Custom" and "Usage" refer to any rule that has been continuously observed for an extended period of time and has been legally obligatory among Hindus in a specific location, tribe, community, group, or family. If a regulation only applies to one family, it must be straightforward, not illogical, and not in opposition to public policy. Also, the family must not have put an end to it.

"District court" refers to any location with a city civil court's primary civil court of original jurisdiction as well as any additional civil courts that the State Government may designate as having jurisdiction over the topics covered by this Act by publication in the Official Gazette.

In "full blood" and "half blood" partnerships, two persons have the same woman as an ancestor. When two persons have separate spouses but have the same ancestor, they are said to be in a half-blood relationship. Uterine blood: Two people are considered to be connected by uterine blood if they had different husbands but have a common ancestor;

Prescribed means as defined by the rules made in accordance with this Act. When referring to any individual, the term "Sapinda connection" refers to the line of descent through the mother, the third generation (inclusive), and the fifth generation (inclusive), with the line in each case being traced upward from the individual, who is to be counted as the first generation. If one of the two individuals meets the criteria for a sapinda link and is a lineal ascendant of the other, they are regarded as being "sapindas" of each other if they share a common lineal ascendant that is within the parameters of sapinda relationship with respect to each of them.

One of the conditions for being in a "degree of prohibited relationship" is being the other person's lineal descendant or being the other person lineal descendant or ascendant of the other, or (iii) if one of them was the spouse of the other's brother, father, mother, grandfather, or grandmother, or (iv) if the two are siblings—a brother or sister, an uncle or a niece,

The Hindu Marriage Act of 1955, which included monogamy, forbade Hindus from getting married more than once. The Indian Penal Code has harsh penalties for bigamy and polygamy if it is proven, according to Sections 5 and 17 of the Hindu Marriage Act of 1955. There are no caste or group restrictions in the Hindu Marriage Act of 1955. Hence Marriages between members of various castes and communities are fully lawful under this act. All legal distinctions between marriages of maidens and widows were abolished by the Hindu Marriage Act of 1955, and both now get equal treatment.

A marriage is only regarded as legitimate when both the bride and groom are at least 18 years old at the time of marriage, as required by Section 5 of the Hindu Marriage Act of 1955. Section 5 of the Hindu Marriage Act of 1955 lists a number of conditions that must be satisfied for a marriage to be regarded as valid.

The Hindu Marriage Act permits court marriages. A lawyer should be retained for a judicial marriage. Lawyers In Kolkata may be hired if the couple lives in Kolkata. Moreover, if the couple lives in Lucknow then Lawyers In Ludhiana may be hired. Lawyers In Lucknow may be appointed if the petition is filed in Ludhiana.

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