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The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of the Hindu Marriage Act provides for the couple seeking divorce through ...
The act does not also apply to adoptions that took place prior to the date of enactment. However, it does apply to any marriage that has taken place before or after the Act had come into force and Moreover, if the wife is not a Hindu then the husband is not bound to provide maintenance for her under this Act under modern Hindu Law. [1]
Nehru split the Code Bill into four separate bills, including the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. These were met with significantly less opposition, and between the years of 1952 and 1956, each was effectively introduced in and passed by ...
An Indian state has approved an unprecedented uniform code for marriage, divorce, adoption and inheritance for Hindus, Muslims and other religious communities under new legislation that also ...
Three other important acts were also created during this time: the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to modernize the prevailing Hindu legal tradition. The Hindu Minority and ...
Shahid Khan, the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement, and The Muslim Women (Protection of Rights on Divorce) Act 1986 was nullified. [8] [2] [9] [10] Some Muslims, including the All India Shia Personal Law Board, supported the Supreme Court's ...
In many respects, the act was almost identical to the Hindu Marriage Act of 1955, which gives some idea as to how secularised the law regarding Hindus had become. The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law.
The Act defines marriage as "includ[ing] a marriage, solemnized in the State of Punjab under any of the following Act, customs or laws, namely: the Indian Christian Marriage Act, 1872 (15 of 1872); the Anand Marriage Act, 1909 (7 of 1909); the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937); the Hindu Marriage Act, 1955 (25 of ...