Shortly after the couple had gotten married, Mr Govender passed away, without leaving a will. (iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters. This was an amendment that increased the minimu… Explanation.- In Clauses (c) and (d) “ancestor” includes the father and “ancestress” the mother; (e)”prescribed” means prescribed by rules made under this Act; (f)(i)”Sapinda relationship” with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; (ii) two persons are said to be “sapinda” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; (g)”degrees of prohibited relationship ” – two persons are said to be within the “degrees of prohibited relationship”-, (I) if one is a lineal ascendant of the other; or, What is Tax ? Notary Public & Notarial Services Restitution of conjugal rights – Section 9 of Hindu Marriage Act. Newsletters Marriage & Matrimonial Property BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— PRELIMINARY 1. It brought uniformity of law for all the sections of Hindus. Presently, in India, the Hindu Marriage Act not only prohibits it but also makes it a punishable offence. An RCR petition under Section 9 can save the marriage before its final breakdown. Short title and extent. In Hindu marriages, a spouse can enjoy the same rights as other couples who have registered their marriage in terms of the South African law. शून्य विवाह (Void marriages) 12. Such a marriage is also described as void under Section 17 of the Hindu Marriage Act under which an offence of bigamy has been created. न्यायिक पृथक्करण (Judicial separation) 11. 1. Maybe Indian lawmakers need to learn from China rather than aping the West in hastily proposing amendments under Hindu Marriage Act which will give women the power of giving no-fault divorce and take away 50% of husbands’ property(and more) for a marriage … Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us. Marriage is culturally recognised among people all over the world. Bond & Transfer Cost Calculator, Terms of Use However, if Mrs Govender was successful in the relief she sought, she would inherit the entire estate in terms of the Act, which states that where the deceased leaves a surviving spouse and no descendants, that spouse becomes the sole heir. Preliminary. This tradition gave birth to a holy union today known as marriage. The law does not define the kind of ceremony since there are numerous ways in which a man and a woman may carry out this religious act. Goods & Services Tax Law Explanation. The Hindu Marriage Act 1955 : Earlier we’ve provided the list of sections in The Hindu Marriage Act 1955. Under the old law, there was a bar against a woman marrying a second husband while her first husband is alive unless custom permitted her. Event Calendar The Act gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issues. This led to the executor of Mr Govender's estate preparing the estate account on the basis that his mother and father were the sole heirs. • The second marriage of an apostate would, therefore, be illegalmarriage qua his wife who married him under the Act and continues to be Hindu. Bare Act of: THE HINDU MARRIAGE ACT, 1955ACT NO. The Guardianship For Marriage was repealed in 1978 after the Child Marriage Restraint Amendment was passed. • The second marriage by a convert would therefore be inviolation of the Act • Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. It further pointed out that in … It also contains provisions relating to separation and divorce. The applicant was declared for the purposes of Section 1 of the Intestate Succession Act 81 of 1987, to be a ‘spouse’ of the deceased. The Hindu marriage contemplated by the Act hardly remains sacramental. Please click […] It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. All Rights Reserved. Hindu Marriage is a sacrament. Employment & Labour Law Right to a committed relationship: A Hindu male is bound not to marry any other girl or have an affair with anyone else unless he is legally divorced. It itself a pious purpose, in which we treat fire as god and rice as sign of purity. Under the Hindu Marriage Act, if the marriage takes place in spite of the fact that a party to that marriage had a spouse living, such marriage would be void under Section 11 of the Hindu Marriage Act. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) ca… Attorneys Johannesburg, Conveyancing Services This book is mainly useful for legal advisers. The Hindu Marriage Act, 1955 is an Act to amend and codify the law relating to marriage. Hindu Marriage Act, 1955 is enacted as part of the Hindu Code Bills. The Hindu Marriage Act 1955 provides guidance for Hindus to be in a systematic marriage bond. 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