Section 25 of the act states that the court can order the husband to pay. Hindu marriage act 1955 section 25 permanent alimony and. The wife, who has been granted the decree for maintenance under section 18 of hindu adoption and maintenance act,1956 or under section 125 of cr. Although the act originally applied to sikhs as well, the anandkarj marriage act gives sikhs their own personal law related to marriage. Hindu marriage act systematic bare act with colourful pdf download. Hindu marriage act, 1955 bare acts law library advocatekhoj. Thus, this section does not differentiate between a male and a female.
Under section 24 of the hindu marriage act, 1955, both the wife and the husband are entitled to claim maintenance from their spouse. In this article, weve provided the list of sections in the hindu marriage act, 1955 with state amendments. All you need to know about the hindu marriage act, 1955. To read it on a single, systematic page, please click hindu marriage act. The hindu marriage act,1955 sec 5,6,7 by sheetal law. There was a necessity for codified law applicable to all hindus. The full act is properly written and presented along with all other hindu laws. I hope my video will help u to understand difficult topics. This section empowers the court to order the respondent to pay the petitioner the expenses of the proceedings, if it appears that. Judicial separation and divorce in india as per hindu marriage act.
This may be by far the most legal prejudice we have posted. Section 25 of the act states that the court can order the nonapplicant to pay maintenance to the applicant in form of a lump sum or monthly. Where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay. In hinduism, it is considered the spiritual duty of the husband to maintain his wife and give her all the comforts. The reason for the presence of such a provision under hindu marriage act is the anxiety of the legislature that the tensions and wear and tear of every day life and the. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession. Subsection 1 of this section deals with the condition where any husband or wife may for the permanent alimony or maintenance at the time of passing any decree or at any time. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. The wifes claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same sociolegal scheme revolutionizing the law applicable to hindus. List of sections in the hindu marriage act, 1955 latest. People who are searching for hindu marriage act 1955 book pdf can find here.
Permanent alimony and maintenance under section 25 of hindu. Section 25 of the hindu marriage act, 1955 deals with the permanent alimony and maintenance. An act to amend and codify the law relating to marriage among hindus. Judicial separation is a sort of a last resort before the actual legal break up of marriage i. Here we have also given some reference books and related books pdf. What is section 24 in the hindu marriage act, 1955. Difference between section 24 of hindu marriage act, 1955 and section 18 of hindu adoptions and maintenance act, 1956. Maintenance under section 24 of the hindu marriage act. But it deliberates upon important aspect of law relating to maintenance of spouse and child during the pendency of trial. In any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody.
Legal provisions of section 23 of the hindu marriage act. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Any marriage solemnised after the commencement of hindu marriage act shall be null and void in case a petition is presented by either party against the other in a marriage, is declared so by a decree of nullity on a finding that it is in contravention of any one of the conditions specified in clauses i, iv and v of section 5. This act was intended to secure the rights of marriage for the bride and groom who are hindu and are bound under the sacred bond of marriage under any ceremony. No petition for divorce to be presented within one year of marriage 1 notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition. Section 12 of the hindu marriage act 1955 voidable marriages section 12 1 any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely. Permanent alimony and maintenance 1 any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to. Section 25 of hindu marriage act, 1955 defines complete provision of permanent alimony and maintenance for the alliances under this act. Still the wife could claim maintenance under section 181 of the hindu adoption and maintenance act, 1956 or under section 125 of the criminal procedure code, 1973 the court cannot entertain any claim for maintenance in any proceeding under section 25 of the hindu marriage act, 1955, which are maintainable under section 18 of the hindu adoption and maintenance act, 1956. Section 24 of hindu marriage act, 1955 defines the provision of maintenance pendent lite and for expenses of legal proceedings of a divorce. Section 25 of hindu marriage act, 1955 deals with permanent alimony and maintenance, the contours of the said section are widely drafted, perhaps a bit too wide for comfort, as this article will attempt to demonstrate. Section 25 of the act, as it now stands, after amendment by act 68 of 1976 is. Conditions for marriage section 5 of the hindu marriage act specifies that conditions must be met for a marriage to be able to take place.
Still the wife could claim maintenance under section 181 of the hindu adoption and maintenance act, 1956 or under section 125 of the criminal procedure code, 1973 the court cannot entertain any claim for maintenance in any proceeding under section 25 of the hindu marriage act, 1955, which are maintainable under section 18 of the hindu adoption and maintenance act. This is an important act related to hindus in india. Section 24 provides a relief by way of mainenance and litigation expenses to a spouse who is unable to maintain itself during the pendency of the proceedings. Subsequent to the divorce decree, the wife filed a petition under section 25 of the hindu marriage act, 1955 seeking permanent alimony of rs 15 lakhs. This act shall not affect provisions of special marriage act, 1954 on marriages between hindus solemnized under that act additional note 1. The hindu marriage act 1955 introduction, definition. Today in this article, we are providing the introduction, definition, purpose, applicability of the hindu marriage act 1955. Hindu marriage act 1955 pdf free download notes finance. Some aspects of provisions for maintenance and property under the. Hindu husband can divorce wife if she tries to separate him from aged.
Three other important acts were also enacted as part of the hindu code bills during this time. Pending an application either under rule 5 of order 9 or rule 9 of order 9 or rule of order 9 of the code of civil procedure a spouse is entitled to maintain an application under section 24 of hindu marriage act, 1955. It is a landmark in the history of social legislation. Full text containing the act, hindu marriage act, 1955, with all the sections, schedules, short title, enactment date, and footnotes. The contents of section 231 c in the hindu marriage act, 1955 although purports to put an embargo upon divorce by collusion, yet it cannot be considered as a bar to the courts jurisdiction under section b of the act or under order 23 rule 3 of the c. Download beautiful, colourful hindu marriage act pdf. Be it enacted by parliament in the sixth year of the republic of india as follows. Mar 07, 2017 section 14,15,16 hindu marriage act, 1955. Hindu marriage act, 1955 and the hindu adoption and maintenance act, 1956 contained provisions which therein are required to discuss or to know the legislation position of wife under these acts. The hindu marriage act, 1955 act 25 of 1955 18th may, 1955 an act to amend and codify the law relating to marriage among hindus. 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. Section 24 the hindu marriage act,1955 laws and bare acts. Section 24 of the hindu marriage act, 1955 lays down that both the husband and wife.
Study material hindu marriage act delhi law academy. Difference between maintenance pendente lite under section 24 and the permanent alimony under section 25. Hindu marriage act, 1955, section 25 applicant, either wife or husband is entitled to receive from the spouse for hisher maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicants lifetime or until heshe remarries or remains chaste. Hindu marriage act, 1955 wikisource, the free online library.
Maintenance pendente lite and expenses of proceeding. Section 24 of the hindu marriage act, 1955, deals with the alimony pendente lite and the expenses of the proceedings. The pdf is colourful, beautiful and with section index links to help you read any particular section quickly. Maintenance pendente lite and expenses of proceedings. Understanding section 24 an 25 of hindu marriage act, 1955. The hindu marriage act is an act of the parliament of india enacted in 1955. Section 24, and section 25 of the hindu marriage act, 1955, and section 18 of the hindu adoption and. Some marital disputes arose and the husband filed a petition seeking divorce which was granted by the family court. The expression proceedings under the act appearing in section 24 cannot be given a narrow and restrictive meaning. Who is governed by the act hindu marriage act 25 of 1955, came into force on 18th of may, 1955.
Summary of hindu marriage act, 1955 your article library. Thus interim maintenance is awarded by a court during the life span of the litigation proceedings, what section 25 of the act envisages is. Hindu marriage act, 1955 has reformed hindu law of marriage. Posts about custody of child under section 26 of hindu marriage act written by child custody laws and lawyers in india. The updating and uploading of rules, regulations, notifications, etc. I of the hindu marriage act, 1955 dealing with permanent alimony or maintenance provides. Hindu marriage act, bare act presented each section wise. Maintenance for purposes of section 25 of hma maintenance has not been defined in hindu marriage act. Section 25 of hindu marriage act 1955 archives scc blog. The phrase orders made by the court in any proceedings under this act under section 25 or section 26 clearly indicates that such appeal lies against the.
The hindu marriage contemplated by the act hardly remains sacramental. Permanent alimony and maintenance under section 25 of. An act to amend and codify the law relating to marriage among hindus is known as the hindu marriage act which is amended in 1955. Further, section 25 of the act states the grounds for permanent alimony. Jan 04, 2019 hindu marriage act, 1955, section 25 applicant, either wife or husband is entitled to receive from the spouse for hisher maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicants lifetime or until heshe remarries or remains chaste. Punishment for contravention of certain other conditions for a hindu marriage. Section 25 in the hindu marriage act, 1955 indian kanoon.
I hv made this video in simple language so that anyone can easily understand the section. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus. Please click on the below links for more information. The special marriage act was passed in 1954 and the hindu marriage act, 1955. Short title and extent 1 this act may be called the hindu marriage act, 1955. Earlier weve provided the list of sections in the hindu marriage act 1955. It has amended and codified the law relating to marriage solemnized between two hindus. A uniform and comprehensive law governing all hindus. Hindu marriage act, 1955 bare act with downloadable pdf. Section 5, 11, 17, 25 and 25 1 of hindu marriage act, 1955, section 488 of criminal procedure code, 1898, section 20 3 of hindu adoption and maintenance act of 1956, section 495 and 496 of indian penal code, 1860.