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However, the Hindu Marriage Act was a codification of the ancient Sastrik law by the colonial government for the purpose of regulating issues such as divorce. Application of the "mischief rule" in this situation allows homosexual marriage to be allowed under the current reading of the Hindu Marriage Act, as what "the statute aims at relieving ...
The Special Marriage Act, 1954 is an act of the Parliament of India with provision for secular civil marriage (or "registered marriage") for people of India and all Indian nationals in foreign countries, irrelevant of the religion or faith followed (both for inter-religious couples and also for atheists and agnostics) by either party. [1]
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent secular law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied ...
Mulla Hindu Law is authored by Satyajeet A. Desai. It is a treatise on personal laws including marriage, divorce and inheritance governing Hindus. It was first published in 1912 by Dinshaw Mulla and later edited by Justice S. T. Desai. The current advancements giving daughters equal rights in their father's properties (coparcenary properties ...
The Hindu code bill failed to control the prevalent gender discrimination. The law on divorce were framed giving both partners equal voice but majority of its implementation involved those initiated by men. Since the Act applied only to Hindus, women from the other communities remained subordinated.
A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided in these acts: cruelty, adultery, desertion, apostasy from Hinduism, impotency, venereal disease, leprosy, joining a religious order, not ...