HINDU MARRIAGE ACT

                    HINDU MARRIAGE ACT

CENTRE OPPOSES SAME-SEX MARRIAGE IN DELHI HC, SAYS NOT COMPARABLE WITH "INDIAN FAMILY UNIT CONCEPT"

  • The government also said that the marriage in Indian is not just a matter between two individuals but "a solemn institution between "a biological man and a biological woman". 
  • Petition, seeking recognition of same sex marriages under the Hindu Marriage Act(HMA), 1955 and the special Marriage Act(SMA), 1954, were filed in 2020.

HINDU MARRIAGE ACT

  • The Hindu Marriage Act, 1955 applicable to all Hindus, Buddhism, Jains and sikhs.

WHO IS HINDU?

  • Hindu by Religion in any of its forms or development - Virashaiva, Lingayat, followers of Brahma, Prathana or Arya samaj)
  • Hindu by converstion(any person who are converts or reconverts to the Hindu, Buddhist, jain or sikh religion)
  • Hindu by Birth(any child, legitimate or illegitimate, both of whose parents are Hindu, Buddhist, Jain or sikh religion, any child , one of whose parents is a hindu, Buddhist, or Jain whos is brought up as Hindu. 

SPECIAL MARRIAGE ACT, 1954

  • The Special Marriage Act, 1954 was passed in the year 1954 and come into force from 1st January, 1955. It contains 51 sections divided into 8 chapters.
  • The Act provides for a special form of marriage in certain cases; registration of marriage and divorce.

  • Under the Act, any two persons irrespective of their religion can get married. In other words, the Act provides for validity of marriage between men and women irrespective of caste and religious restriction. 



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