What Is Section 3 Of Hindu Marriage Act And What Does It Mean?
The Hindu Marriage Act of 1955 was enacted to protect the rights of Hindu brides and grooms who are united by the sacred tie of matrimony at any ceremony.
The type of ceremony is not specified by law because there are numerous ways for a man and a woman to do this religious act. This legislation was proposed as a result of numerous instances when both men and women were terrified or embarrassed as a result of fraud cases involving marriage.
This act applies to anyone who is a Hindu, Jain, Sikh, or Buddhist and is not a Muslim, Christian, Parsi, or Jew, or who is subject to another law. This regulation applies to anyone who is a Hindu by birth or religion. In Section 2 of the Hindu Marriage Act, a comprehensive definition of a Hindu is provided. court marriage in Meerut can be solemnised under the Hindu Marriage Act.
Salient Features of Hindu Marriage Act:
Application: According to Section 2 of the Hindu Marriage Act of 1955, the act's rules applies to anybody who is a Hindu, Jain, Sikh, or Buddhist by birth, conversion, or religion.
Monogamy: None of the parties were already legally wed at the time of the wedding. This clause of the law forbids bigamy, polygamy, and polyandry. According to the Indian Penal Code, these are considered offences and are punished.
Registration: Every Hindu marriage must be registered, even if it is solemnised by the performance of ceremonies. Every State's government will be given the authority to enact legislation governing the registration of marriages.
Age: The boy and the girl ought to be adults. According to the Indian Majority Act of 1875, a guy must be at least 21 years old and a girl must be at least 18 years old before they can get married.
Sanity: At the moment of the marriage, both spouses are of sound mind. No mental illness existed within the parties at the time of marriage. For a marriage to be valid, both parties must be in a state of sound mind. court marriage in Delhi can be carried out in accordance with the provisions in Hindu Marriage Act.
Section 3:
Definitions Under The Act
Customs and Usage: the terms "custom" and "usage" refer to any rule that has been legally binding among Hindus in any particular locality, tribe, community, group, or family after being consistently and consistently followed for a significant amount of time.
· Customs and usage are firm, reasonable, and not in conflict with public policy.
· If there is a custom that exclusively applies to a family, the family has not discontinued it.
District Court: The primary civil court of original jurisdiction in any area with a city civil court, the principal civil court of original jurisdiction in any other area, and any other civil court that the State Government may designate as having jurisdiction over the matters covered by this act by notification in the Official Gazette.
Full Blood: When two people are descended from a common ancestor through the same wife, they are said to be related to each other by full blood.
Half Blood: When two people share a common ancestor, but had separate spouses, they are said to be connected to each other by half blood.
Uterine Blood: When two people share a common ancestress but have different husbands, they are said to be linked through uterine blood.
Ancestor: means father and Ancestress: means mother.
Prescribed: It means prescribed in the rules adopted under this Act.
Sapinda Relationship: It extends to the third generation (included) in the line of descent via the mother and the fifth generation (inclusive) in the line of descent through the father, both measured upward from the subject, who is to be considered the first generation, respectively, with regard to any person.
Two people are said to be "sapindas" of one another if they share a lineal ascendant that is within the parameters of the sapinda relationship with respect to each of them or if they are lineal ascendants of one another within those parameters.
Degrees of Prohibited Relationship:
Two people are considered to be in a "degree of prohibited relationship" if
(i) One of them is a lineal descendant of the other;
(ii) One of them was the wife or husband of a lineal ascendant or descendant of the other
(iii) If one was the spouse of the other's brother, father's, mother's, grandfather's, or grandmother's brother;
(iv) If they were siblings (brother and sister, uncle and niece, aunt and nephew, children of brothers and sisters, or children of two brothers or sisters).
For purposes of Sapinda Relationship and Degree of Prohibited Relationship:
(i) Relationships based on half or uterine blood as well as full blood;
(ii) Relationships based on legitimate as well as illicit blood relationships; and
(iii) Relationships based on adoption as well as blood;
and all conditions of relationship in those clauses shall be understood accordingly. court marriage in meerut mumbai should be solemnised with respect to the prescribed conditions.
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