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Hindu Marriage Act,1955 (Full Summary and Official Gazette)

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The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. Introduction India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society. The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and childr...
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Father Has Obligation To Maintain Unmarried Daughter Even If She Attains Majority, Madras HC.

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Vinoth Kumar. V. C. Adv... In a judgment passed last week, the Madras High Court reiterated that an unmarried daughter can claim maintenance from her father even beyond the age of majority if she is unable to maintain herself. Placing reliance on a catena of judgments passed over the years on the issue, Justice N Anand Venkatesh highlighted, "It is very clear from the above judgments that even though Section 125 restricts the payment of maintenance to the children till they attain majority, when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled for maintenance till she remains unmarried by virtue of Section 20(3) of the Hindu Adoption and Maintenance Act, 1956." Generally, Section 125 of the Code of Criminal Procedure (CrPC) only provides for the grant of maintenance to minor daughters. An exception to this general provision is that major daughters can also claim maintenance under Secti...
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How accused can avoid his liability u/s 138 of NI Act?

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It is also to be borne in mind that the requirement of giving of notice is a clear departure from the rule of Criminal Law, where there is no stipulation of giving of a notice before filing a complaint. Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the court in respect of the complaint under Section 138 of the Act, make payment of the cheque amount and submit to the Court that he had made payment within 15 days of receipt of summons (by receiving a copy of complaint with the summons) and, therefore, the complaint is liable to be rejected. A person who does not pay within 15 days of receipt of the summons from the Court along with the copy of the complaint under Section 138 of the Act, cannot obviously contend that there was no proper service of notice as required under Section 138, by ignoring statutory presumption to the contrary under Section 27 of the G.C. Act and Section 114 of the Evidence Act. In our view, a...
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Meaning and essentials of suits

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General concept of suit The term suit is not defined under the in the C.P.C. but by various decisions it can be said that “Suit ordinarily means a civil proceedings instituted by presentation of a plaint. Civil suit is the institution of litigation for enforcement of civil rights (or substantive rights, it may be against state or individual). A suit is resulted into decree. Without suit there can not be a decree. *There are four essentials of a suit* Name of Parties (there must be two opposing parties) – In a suit there must be at least two parties the plaintiff & the defendant. There is no limitation with regards to number on either side. Cause of Actions – it is a set of facts or circumstances that a plaintiff is required to prove. A person is party to a suit if there is a cause of action against him. The cause or the set of events or circumstances which leads or resulted into presentation of a plaint or filing a suit. – lay man language Legally ...
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LATEST JUDGEMENTS

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*NI Act S.138 – No prosecution against Trustees, invoking S.141, can be maintained -- 2019 (3) KHC 1* *CRZ – SC orders demolition of five apartments in Maradu for violation of CRZ Notification -- 2019 (3) KHC 9 (SC)* *Conviction in a criminal case involving moral turpitude – Release under probation does not entitle an employee to claim a right to continue in service -- 2019 (3) KHC 74 (SC)* *Writ petition – Suppression of facts – Should be curbed with an iron hand -- 2019 (3) KHC 79* *NDPS Act – Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of punishment -- 2019 (3) KHC 90 (SC)* *RTI Act – Question whether an Institution is a Public Authority – Burden is on the applicant to show that a body is owned, controlled or substantially financed by appropriate Government -- 2019 (3) KHC 38* *Divorce on the ground of desertion – Dismissa...
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The Following Judgment Is Especially For Those Who are Ill Treating And Neglecting To Look After Their Parents.

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Ill Treatment To Parents: Karnataka HC Upholds The Direction To Son And Wife To Vacate House. -Vinoth Kumar. V. C. Adv... The Karnataka High Court has upheld an order of the local police directing a son to vacate the house of his parents, after it was proved that he along with his wife were troubling them, to the extent of physically assaulting the father, instead of looking after. The parents due to the ill-treatment had been forced to leave their house. A division bench of Justice Ravi Malimath and Justice S G Pandit rejected the appeal filed by the elder son Sri Narasimha Murthy against an order by a Single Judge, which had dismissed his challenge to the order passed by Assistant Commissioner of Police (Tumkur sub division). By the order, Sri Venkatappa and his wife were to be allowed entry inside the house and their son was told to vacate along with his wife Latha. Further, he was told to pay Rs 10,000 as maintenance amount to the parents under the Maintenance and Welfare...
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