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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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Daughters like sons have an equal birthright to inherit joint Hindu family property by SC

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The Supreme Court on (August11,2020) held that daughters, like sons, have an equal birthright to inherit joint Hindu family property. The Court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect.

 

A Bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah said that “the provisions contained in the substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after the amendment in the same manner as a son with same rights and liabilities.”

 

"In 2016, the Supreme Court decided that such right will not be retrospective in Prakash v Phulwati case while in 2018 another bench of the court in Danamma v Amar held it to be retrospective.

Answering the reference, the bench said, “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.”

 

The bench said that daughters will have the right over parental property even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.

“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said. A son is a son till he is married. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not," Justice Arun Mishra said as he pronounced the landmark judgment.

 

The apex court passed the order on a series of pleas that raised legal questions on whether the amendment in the Act giving daughters equal rights to inherit ancestral property has retrospective effects or not.


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