Rajya sabha on monday passed the bill to amend the hindu marriage act. Overall this is good piece of legislation which will help the hindu citizens of country in their matrimonial affairs. It proposes changes to the hindu marriage act, 1955 and special marriage act, 1954. Marriage amendment bill 2004 parliament of australia. The union cabinet today approved the introduction of a bill, namely, the marriage laws amendment bill, 2010 to further amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce. The marriage laws amendment bill, 2010 a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. The marriage laws amendment bill, 2010 was introduced in the rajya sabha on august 4, 2010. Petition for divorce under section b hindu marriage act. On june 9, 2010, indian government introduced a special section of irretrievable breakdown of marriage. The marriage laws amendment bill is a bill that was first introduced in the indian parliament in 2010. During the ongoing monsoon session, the government circulated amendments to the 2010 amendment. Marriage amendment definition and religious freedoms.
Amendments in hindu marriage act last amendment 2007. Cabinet approves the marriage laws amendment bill, 2010. A bill for an act to amend the marriage act 1961 to establish marriage equality, and for related purposes. The marriage laws amendment bill, 2010 was introduced in. Amendments to the hindu marriage act describe about the insertion of new sections, wifes right to oppose petition and restriction on legal orders for divorce cases. Anand marriage amendment act 2012 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, anand marriage amendment act 2012 national security, others, procedural and administration, property related, public utilities. Introduced on 27 may 2004, it proposed to amend the marriage act 1961 to define marriage and prevent same sex couples from adopting children from overseas countries. The marriage laws amendment bill, 2010 is an attempt to amend the hindu marriage act, 1955 and the special marriage act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce.
The bill aims to ensure that all people, regardless of sex, sexual orientation, or gender identity will have the opportunity to marry if they so choose. The marriage laws amendment bill, 2010 was introduced in the rajya sabha on august 4, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954. Every marriage solemnized under this act shall be registered with in fifteen days in accordance with the provisions of this act. The precursor to the marriage amendment bill 2004 the current bill is the marriage legislation amendment bill 2004 the first bill. This bill seeks to amend the marriage act 1955 to ensure that its provisions are not applied in a discriminatory manner. Activists wary of amendments in marriage laws nagpur. Be it enacted by parliament in the sixtyfirst year of the republic of india as follows. Bahut bure din for hindu families save indian family sif, an allindia nonprofit organization, which has been working for the cause of keeping hindu families united against draconian laws like section 498a has published a new whitepaper analysing the impact of the proposed marriage law amendment bill. Both acts has a provision for divorce by mutual consensus of both the parties. Divorce under hindu marriage act under the old hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down the provision of divorce has been dealt with under the hindu marriage act, 1955 as being a true blue method whereby both the parties to the marriage, decide to. Marriage under the hindu law is sacrament and not a contract which can be entered into by executing a deed, delhi high court has observed while dismissing a plea by a woman who had challenged an order refusing to declare her as the legallywedded wife. The amendment of the marriage laws propose irretrievable breakdown as an additional ground for seeking divorce.
It seeks to amend the hindu marriage act, 1955 and the special marriage act, 1954. An act further to amend the hindu marriage act, 1955. The hindu marriage act is an act of the parliament of india enacted in 1955. The standing parliamentary committee has submitted its report on the bill on march 1, 2011. This amendment will enable either the husband or wife to ask for divorce.
The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Marriage under hindu law is sacrament, not contract. Government today indicated that it has put in cold storage a bill to make marriage laws more womenfriendly and allow both parties to. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. This act is the marriage amendment definition and religious freedoms act 2017. The bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or. The hindu group breaking news, india news, sports news. The first day a same sex couple can get married is the day the marriage amendment act comes into force. Hindu marriage act section 11 judgments legalcrystal. The parties to such marriage shall give their respective particulars to the marriage registrar, for the purpose of enterinq the particulars in the shaadi parat. The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in wedlock to her spouse even when it is established that the marriage is dead. When is the first day a same sex couple can get married.
High courts must refrain from ordering investigation by cbi as a matter of routine. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Be it enacted by parliament in the sixth year of the republic of india as follows. It may be noted that the personal laws of the muslims have been conveniently left out of the purview of the new amendment. The standing committee submitted its report on the bill on march 1, 2011. Section c, d, e of the marriage amendment act 2010 does not violate article 14, 15 21 and 25 of indian constitution.
Anand marriage amendment act 2012 indian bare acts. A hindu marriage can be dissolved only under hindu law. Covert narcissist signs you are dealing with a master manipulatorlisa a romano podcast duration. A bill entitled matrimonial causes amendment act 2016 whereas it is expedient to amend the matrimonial causes act 1974 to confirm that marriage remains exclusively a. Act, 1964 and ii by the marriage laws amendment act, 1976. Government of india cleared amendments for easy divorce under the hindu marriage act and special marriage act. The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in wedlock to her spouse even when it. November 14, 2014 if you are someone who got married under hindu marriage act and after some time you cease to be india, the law applicable for your divorce would be hindu law and not the law of the land you are living in. During the monsoon session of 20, the government circulated amendments to the 2010 amendment bill. The new amendment will change the two key legislationshindu marriage act 1955 and the special marriage act 1954. The new statutory definition of marriage in the marriage act defines marriage as the union of 2 people, regardless of their sex, sexual orientation, or gender identity.
Hindu marriage act 2016 empowers the existing family courts in country to deal with the matters according to this act. An act to amend and codify the law relating to marriage among hindus. Constitutional validity of marriage laws amendment bill2010. Bill to make marriage laws more womenfriendly shelved. Originating house house of representatives status act parliament no 40. Marriage definition of marriage amendment act 20 no 20. Hindu marriage act amended for easy divorce, government of. Proofreadall pages of the work proper are proofread, but not all are validated. Ammendment of hindu marriage act save bengali family.