As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.
Which section defines a Hindu?
As per Section 2(1)(a) of the HMA, any person who is a Hindu by religion in any of its form including Virashiva, Lingayat or a follower of Brahmo, Prarthana or Arya Samaj. … Section 2(1) (b) of HMA lays down that any person who is a Buddhist, Jain or Sikh is also considered to be a Hindu.
Who is not Hindu in Hindu law?
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. … Rather, Dharmaśāstra contained jurisprudence commentary, i.e., a theoretical reflection upon practical law, but not a statement of the law of the land as such.
Who amongst the following is not a Hindu within the meaning of section 2 of Hindu Marriage Act, 1955?
(c) to any other person 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 the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein …
Can a Hindu marry a non Hindu under Hindu Marriage Act?
The marriage between a Hindu and a non-Hindu solemnized as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi High Court has ruled.
Who is a Hindu as per law?
Any person who is born of Hindu Parents; 3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. practising it or by professing it is a Hindu.
What is Section 13 1 A of Hindu Marriage Act?
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. …
Can as per Hindu law?
Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. It is a unilateral document and takes effect after the death of the person making it.
What is section 11 in marriage Act?
– Any marriage solemnized after the commencement of this Act, shall be null and void and may , on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (i), (iv) and (v) of section 5.
Is second marriage legal in India without divorce?
Is Second Marriage without divorce legal? No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense.
What are the rules of Hindu Marriage Act?
The bridegroom has to complete 21 years of age and the bride has to complete 18 years of age at the time of their wedding. The couple should not be in a prohibited relationship unless their custom permits them to get married. The couple should not be sapindas (cousins) unless their custom permits them to get married.
What are the various types of marriage as per Hindu Marriage Act?
The normative texts, dharma texts and some Gṛhyasūtras classify marriage into eight different forms which are Brahma, Daiva, Arsha, Prajapatya, Asura, Gandharva, Rakshasa, Paishacha. This order of forms of marriage is hierarchical.
How many times a Hindu can marry?
Both under the Indian Law and as per the Hindu Marriage Act. Now, it’s illegal for a Hindu to marry more than one person or keeping two spouses at the same time. In the present scenario if someone asks you – is polygamy legal in Hinduism – the answer is NO. A Hindu person cannot marry more than one person legally.
Who can a Hindu marry?
The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage. The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage.
Is Hindu marriage valid without registration?
Registration is merely a valid legal proof. If there are sufficient other ways to prove the marriage, such as photographs and witnesses, the mere lack of a registration document will not make the marriage invalid.