Thus, in order to constitute a valid Hindu marriage under Hindu law, parties to marriage should be monogamous, should have sound mind, should be major by age and should be beyond prohibited degree. A marriage fulfilling these conditions is considered to be valid and have effect under the Hindu Marriage Act, 1955.
Who is a Hindu and explain the essentials for the applicability of Hindu law and to whom its apply?
(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.
What are the essentials of Hindu marriage is Hindu marriage a sacrament or contract elaborate?
Hindu marriage is considered to be a religious sacrament because marriage becomes valid only when rituals and ceremonies are performed. The wife is also called as Ardhangini which is known as half of man. As per shastras man alone is only half until or unless he marries.
What are the three categories of Hindu law?
Hindu law can be divided into three categories: The Classical Hindu Law; the Anglo Hindu Law and Modern Hindu Law.
How many acts are there in Hindu law?
Hindu Laws (Containing 5 Acts)
What are the essentials of a custom?
VI. Essential elements of valid custom
- Immemorial Antiquity. A valid custom must be immemorial to be considered valid. …
- Reasonableness. According to the second important legal criterion, a legal custom must also be reasonable. …
- Morality. …
- Continuance. …
- Peaceable Enjoyment. …
- Consistency. …
- Conformity with Statute Law. …
What are the additional grounds of divorce for wife?
These vary from voluntary sexual intercourse, cruelty, desertion to mental or psychopathic disorder and venereal disease. The party claiming divorce has to prove one or more of these grounds in order to claim for divorce.
What are the features of Hindu Marriage Act?
At the time of marriage there is no subsisting valid marriage between any of the party. That is the provision of the act prohibits bigamy or polygamy and polyandry. These are treated as offence and are punishable under the Indian Penal Code.
What are the essential ceremonies for a valid Hindu marriage?
A Hindu marriage may be solemnized in accordance with the customary rites of either party (bridegroom or bride). 2. Even a simple ceremony of exchanging garlands, tying a thali (mangalsutra) or putting a ring upon the finger is sufficient to constitute a valid Hindu marriage.
What is the nature of Hindu law?
Hindu law is considered to be of divine origin. It proceeds on the theory that Hindu law was revealed to the sages who had attained great spiritual heights and they were in communication with supreme power i.e. God. According to Hindu jurists, law is the enforceable part of Dharma.
What are the two sections of Hindu law?
Therefore, it is of ample importance to know who is a Hindu. Section 2 of Hindu Marriage Act, Section 2 of Hindu Succession Act and Section 3 of Hindu Minority and Guardianship Act 1956 talk about the applicability of these Acts.
What is Hindu law called?
The concept of Dharma includes Hindu law. In ancient texts of Hinduism, the concept of dharma incorporates the principles of law, order, harmony, and truth. It is explained as the necessary law of life and equated to satya (Sanskrit: सत्यं, truth), in hymn 1.4.
Which is the modern source of Hindu law?
Shrutis are considered to be the major source of Hindu law. Another term for Shruti is Veda. according to Hindu law, there are four Vedas namely, Rigveda, Samveda, Yajurveda, Atharveda.
What is Section 13B?
Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B (1) and six months in Section 13B (2).