Thematische Bibliographien / Hindu marriage act

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Veröffentlicht am 18. Mai 2024

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Zeitschriftenartikel zum Thema "Hindu marriage act"

Pandya, Prof Kamlesh M. „The Concept of Cruelty in Hindu Marriage Act in India“. Paripex - Indian Journal Of Research 3, Nr. 1 (15.01.2012): 95–98. http://dx.doi.org/10.15373/22501991/jan2014/28.

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Sharma, Gopal Krishan. „Cross-Cousin Marriages in Kishtwar“. Asian Review of Social Sciences 8, Nr. 2 (05.05.2019): 122–26. http://dx.doi.org/10.51983/arss-2019.8.2.1572.

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Marriage is a social combination or lawful contract between the general population that makes family relationship and its definition fluctuates as indicated by various societies. Marriage and Kinship are the essential unavoidable truths that apply to everyone of any person. The present paper is about the Kinship and Marriage structure among the Hindu people group in the Kishtwar District. The investigation has explicitly investigated the act of cross-cousin relational unions among the network and has endeavoured to investigate the different family relationship ties predominant among them. This paper is an attempt to investigate the family relationship and marriage structure among the Hindu people group in Kishtwar. The paper likewise accomplishes to investigate the different types of cross-cousin marriages among the Hindu people group in Kishtwar.

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Chowdhry, Prem. „Private Lives, State Intervention: Cases of Runaway Marriage in Rural North India“. Modern Asian Studies 38, Nr. 1 (Februar 2004): 55–84. http://dx.doi.org/10.1017/s0026749x04001027.

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The introduction of modern concepts like adulthood and sanctity given to individual rights has legally turned the individual settlement of marriage between two consenting adults to be legitimate. Under the Hindu Marriage Act 1955, except for certain incest taboos, the legal restrictions on marriage of two adult Hindus are almost non-existent. Briefly speaking, this means that under the law both sagotra (same gotra) and inter-caste marriages are permitted. Yet, the customary rules regulating marriages in most parts of north India are based upon caste endogamy, village and clan exogamy. While keeping within caste, they adopt the gotra or got, as is known in rural north India, rule of exogamy (gotra are an exogamous patrilineal clan whose members are thought to share patrilineal descent from a common ancestor). For marriage certain prohibited degrees of kinship have to be avoided. As a rule three or four got exogamy is followed by most caste groups upper or lower. Any break in this, though legally allowed, is not acceptable.

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Basha, Shaik Mahaboob. „Misusing the Neighbours: Performing Andhra Child Marriages in Hyderabad State, 1930–1938“. History and Sociology of South Asia 13, Nr. 2 (Juli 2019): 73–92. http://dx.doi.org/10.1177/22308075211043286.

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The British Government passed the Child Marriage Restraint Act in 1929. The Act is popularly known as the Sarda Act. The Act fixed the minimum age of marriage of girls and boys at 14 and 18 years, respectively. The jurisdiction of the Act was confined to British India alone. However, much before the British Government restrained child marriage, few Princely States had already banned child marriages. However, Hyderabad State could not ban child marriages. This article describes how the British-Andhra subjects performed child marriages in the territories of Hyderabad State to escape punishment for violating the Sarda Act. The subjects of the Hyderabad State clearly felt that the Andhra people were ‘defiling’ their ‘sacred territories’ by performing child marriages. This also intensified the demand for a ban on child marriage in the Hyderabad State. Women intellectuals, both Hindu and Muslim, were in the forefront in making the demand. The paper is based exclusively on primary sources. Newspapers and women’s journals in the Telugu vernacular such as the Golakonda Patrika, Andhra Patrika and Grihalakshmi, and autobiographies of Telangana intellectuals like Konda Venkata Ranga Reddy are used.

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Bedi, Shruti. „Comparing Matrimonial Laws in India and Vietnam: Is a Uniform Civil Code Necessary?“ Vietnamese Journal of Legal Sciences 7, Nr. 2 (01.12.2022): 101–14. http://dx.doi.org/10.2478/vjls-2022-0010.

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Abstract India secured its independence from the British rule in 1947. Vietnam eliminated the presence of foreign military forces in 1975. Both countries have faced adversity through subjugation. The similarity does not end here. The family unit in both nations is given primary precedence and importance, as it is considered to be the nucleus of the society. However, while Vietnam regulates matrimony through the uniform code of Law on Marriage and Family, 2014, India does not have a uniform code. India is a secular country where different religions are practiced freely. Matrimonial laws in India are governed by the personal laws of the parties depending on their religion, codified under different statutes, viz. Hindu Marriage Act, 1955; Muslim law; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936; and Special Marriage Act, 1954. This paper will compare the status of matrimonial laws in India and Vietnam with an attempt to answer the question as to whether it is advisable to reconcile different personal laws under a uniform code for India.

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Majumdar, Rochona. „Marriage, family, and property in India: the Hindu Succession Act of 1956“. South Asian History and Culture 1, Nr. 3 (25.06.2010): 397–415. http://dx.doi.org/10.1080/19472498.2010.485381.

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Hazarika, Rupa. „Right To Property and Maintenance of Illegitimate Child Under Hindu Law“. International Journal of Membrane Science and Technology 10, Nr. 5 (26.01.2024): 684–89. http://dx.doi.org/10.15379/ijmst.v10i5.3439.

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The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.

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Subrahmaniam Saitya, Ida Bagus, I. Made Pasek Subawa und I. Komang Suastika Arimbawa. „Tindak Pidana Kekerasan Seksual Terhadap Anak Menurut Hukum Hindu“. Kamaya: Jurnal Ilmu Agama 3, Nr. 2 (04.05.2020): 135–43. http://dx.doi.org/10.37329/kamaya.v3i2.436.

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Laws are basically made with the aim of creating security and order in people's lives. Although the law was made to bring order to life, but in reality there are still many people who break them. One of the acts that often happens in society today is the exploitation of children. One of the cases of child exploitation that occurred as a case of child sexual abuse. The contributing factors are internal factors (such as the proximity of the perpetrator to the victim) and external factors (such as being away from the crowd). Because of that, efforts to protect children really need to be done. According to Law Number 23 of 2002, a child is given protection from the womb until he is 18 (eighteen) years old. In this regard, in Hinduism we can also find a legal term known as dharma. Hindu law is divided into two, namely public law (Kantaka Sodhana or Hindu criminal law) and private law (Dharmasthiya or Hindu civil law). The Kantaka Sodhāna can be seen in a subjective sense (ius puniedi) and in an objective sense (ius poenale). Then, regarding the crime of sexual violence against children is not specifically regulated in Hindu law, but the relationship made between men and women who do not have legitimate ties of marriage (marriage), then this act is a crime called Lokika Sanggraha. Therefore, acts of sexual violence against children can be likened to the act of Lokika Sanggraha. In this regard, in Article 171 Ekadaso'dhyayah Mānava Dharmaśāstra, the deed can be blamed and threatened with imprisonment for 12 (twelve) years. The term tapa must be interpreted as imprisonment because in a state a person is imprisoned as suffering as a hermit.

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Makhija, Ruchi. „Should Restitution Of Conjugal Rights Be Removed?“ South Asian Law Review Journal 09 (2023): 76–85. http://dx.doi.org/10.55662/salrj.2023.902.

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In India, the societal opinion on marriage has historically been very conservative; divorce is considered to be taboo. Being in line with such views, personal laws are shaped in India in such a way where judges are directed to be very paternalistic; to try their best at reconciliation first. This is clearly mentioned in both, the Hindu Marriage Act[i] and the Special Marriage Act[ii]. In addition, similar provisions relating to the restitution of conjugal rights exist throughout various personal laws[iii]. Jani & Anr. v. Mohammed Khan[iv] and Monshee Bazloor v. Mohammed Khan[v]are some examples of Muslim personal law providing such a matrimonial relief of restoration of cohabitation. Owing to this deeply rooted relief in Indian law, there are a majority of cases which have come to Court requesting this decree to be passed. A majority of these cases have been ruled in favour of the party petitioning for restitution of conjugal rights. However, keeping in mind the changing times and the recent debate on the right to privacy[vi], the law must adapt to the new sentiments of its citizens. Numerous petitions have come about, arguing that such a law is archaic and in violation of the constitutional right to privacy, the most recent one in front of the Supreme Court being Ojaswa Pathak v. Union of India[vii] (2019-date). This topic has become the basis of a debate among Courts. Therefore I explore the question, ‘Should restitution of conjugal rights be retained or removed?’ Restitution of conjugal rights is a matrimonial relief provided to spouses of a valid marriage[viii] under Indian law. The aim of such a law was the idea that the people in a marriage are entitled to the consortium of each other; comfort, affection and aid. This was believed to be fundamental to the institution of marriage. Section 9 of the Hindu Marriage Act, 1955 states, “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” Let us break this down and understand what this actually means.

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Halder, Debarati, und K. Jaishankar. „Property Rights of Hindu Women: A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India“. Journal of Law and Religion 24, Nr. 2 (2008): 663–87. http://dx.doi.org/10.1017/s0748081400001740.

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Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or marital landed property, and their right over succession of the landed family property was limited. With the emergence of different schools of Hindu law, the concept of stridhan started expanding its literal and legal meaning, granting women more rights to certain forms of property. Later, the nineteenth and twentieth centuries witnessed the passage of several pieces of legislation that were intended to remove more of the barriers to full and equal property rights for Hindu women. Most recently, sexual discrimination in Hindu succession rules was mostly discontinued by the recent Hindu Succession (Amendment) Act (2005).

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Dissertationen zum Thema "Hindu marriage act"

Chakraborty, Gangotri. „Socio-legal consequences of divorce under hindu marriage act, 1955“. Thesis, University of North Bengal, 1992. http://hdl.handle.net/123456789/558.

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Bücher zum Thema "Hindu marriage act"

Srinivasan, M. N. M.N. Srinivasan's commentary on the Hindu Marriage Act, 1955 (Act No. 25 of 1955): Alongwith marriage rules and marriage registration rules under Hindu Marriage Act, 1955. 2. Aufl. Delhi: Delhi Law House, 2010.

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Deb, Pabitra Kumar. Cases and materials on Hindu Marriage & Divorce Act, 1955. Lucknow: Karnataka Law Agency, 1991.

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Mulla, D. F. Principles of Hindu law: With a general introduction to Hindu law, and with commentaries on the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Minority & Guardianship Act, 1956, the Hindu Adoptions & Maintenance Act, 1956. Bombay: Tripathi, 1990.

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Gaur, Ajai. Commentaries on the Hindu law: Containing: Hindu Marriage Act, 1955, Hindu Adoption and Maintenance Act, 1956, Hindu Minority and Guardianship Act, 1956, Hindu Succession Act, 1956 (alongwith allied laws) [as amended up-to-date]. 3. Aufl. Allahabad: Dwivedi & Company, 2015.

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Singla, Devinder Kumar. Judicial separation under Hindu law: Statutory provisions of the Hindu Marriage Act and judicial approach. New Delhi: Deep & Deep Publications, 1992.

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Srivastava, Rajendra Kumar. Srivastava's commentaries on the Hindu Marriage Act (Act no. 25 of 1955) and state rules under Hindu marriage act, Law Commission of India ninety eighth report, Law Commission of India seventy-first report, Law Commission of India fifty-ninth report, brief history of Hindu Marriage Act, marriage law, marriage procedures in India for NRI's-PIO,S or foreigners, divorce under Hindu marriage, restitution of conjugal rights in Hindu Marriage Act, Hindu law between Bangladesh and India alongwith important allied laws. Herausgegeben von Srivastava A. B. 3. Aufl. Allahabad, India: Law Publishers (India) Pvt. Ltd., 2015.

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M.N. Srinivasan's commentary on Hindu law & statutory enactments annotated with the personal laws (amendment) Act, 2010 (30 of 2010) alongwith commentaries on the Hindu marriage Act 1955, The Hindu succession Act 1956, The Hindu minority & guardianship Act 1956, The Hindu adoptions & maintenance Act 1956. Delhi: Delhi Law House, 2011.

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Pant, Prafulla C. The law of marriage divorce and other matrimonial disputes: A commentary on Hindu Marriage Act, 1955, Mohammadan law, and Christian law along with allied acts and rules, including Family Courts Act, 1984 with rules. 2. Aufl. New Delhi: Orient Pub. Co., 2000.

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1965-, Kogaṭā Lalitā, Hrsg. Indian marriage: Customs and rituals. New Delhi: D.K. Printworld, 2009.

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Kogaṭā, Rāma. Indian marriage: Customs and rituals. New Delhi: D.K. Printworld, 2009.

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Buchteile zum Thema "Hindu marriage act"

Govindaraj, V. C. „Law of Persons“. In The Conflict of Laws in India, 73–127. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0007.

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This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.

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Govindaraj, V. C. „Law of Persons“. In Private International Law, 28–93. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199489282.003.0004.

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The Indian subcontinent is inhabited by three principal communities, namely the Hindus who are in the majority, followed by Muslims and Christians. The Christians, though numerically in the minority, enjoyed the support of the British rulers for them to claim a separate legal status. Hindu law did not permit divorce, whereas Muslim law allowed divorce only the male spouse and Christian law allowed divorce to both the male and the female spouses. Conversion to Islam by the Hindus and the Christians brought about inter-personal law conflicts. The Regulating Act, 1781, enacted by the British rulers, introduced the rule that in a court action, where the parties professed different religions, the applicable law was the law of the defendant. As this rule failed to produce a satisfactory result where a Hindu wife, who got converted to Islam, could not get divorce that she sought because Hindu law did not permit divorce, Ormond, J. introduced the norm of justice, equity, and good conscience. Recent reforms in the Hindu law, coupled with enactment of the Muslim Marriage Act, 1939, brought about relief to wives who embraced Islam and sought relief. Courts played a significant role by giving a divorced Muslim wife maintenance right for life.

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Courtright, Paul B. „Sati,Sacrifice, and Marriage: The Modernity of Tradition“. In From the Margins of Hindu Marriage, 184–203. Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195081176.003.0008.

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Abstract Of the many images of India that Westerners have implanted in their imaginations over the centuries of contact, the spectacle of the dutiful wife calmly taking her place on the pyre of her deceased husband has provoked both moral revulsion and voyeuristic curiosity. Westerners called such ritual immolations “suttee” (sat’iaccording to current transliteration practices), taking the Sanskrit term meaning a wife who possesses great virtue. The specter of a married woman walking toward the funeral pyre and joining her husband in cremation presses the interpretive process to its margins. Both traditional Hindu and modern Western or Indian interpreters might well agree that such an action cuts against the grain of a universal and innate human reflex for self-preservation. At the same time it raises the question of the sat’f’sagency: did she choose this act of self-annihilation freely, and if so, what is the context for such a “free” choice?

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Gold, Ann Grodzins. „The “Jungli Rani” and Other Troubled Wives in Rajasthani Oral Traditions“. In From the Margins of Hindu Marriage, 119–36. Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195081176.003.0005.

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Abstract Women’s oral traditions often express immediate, daily concerns that are both practical and moral. Those stories that women tell as an integral part of domestic rituals, although filled with unlikely events and supernatural interventions, realistically portray household roles and relationships. They also articulate the conflicts and anxieties entailed by those roles and relationships. The persons, both male and female, who populate these stories are almost never named but rather are referred to by kin categories (“there were seven sons’ wives”; “there was a sister’s brother”; “there was a Brahman’s daughter”). Some stories focus on relationships in a woman’s natal home, where she is daughter or sister, others on her married roles, most often as a brother’s or son’s wife. In several stories a transition from one setting to the other is central; these begin with a daughter and end with a wife. Although the new bride arrives in her husband’s home as a distrusted stranger, she will eventually-especially with the onset of motherhood-come to feel and act as an integral family member. However, this personal passage and transformation is not always a smooth one.

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Gupta, Dr Shilpi, und Dr Upendra Grewal. „Grounds of Divorce and Judicial Approach under Hindu Law and Muslim Law“. In Marriages and Divorces in Indian Society, 29–41. The Law Brigade Publishers, 2023. http://dx.doi.org/10.55662/book.2023mdis.003.

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Divorce is a word in India which directly strike upon the soul of any person. In the era which is very fast paced divorce is still a taboo. We can often listen these words on the departure of the bride from her parental home to marital home that Doli Mein ja rahi ho Arthi per Aana. These words say a lot and put psychological, social and emotional pressure upon the brides. Annual divorce rate in India is 1.1 per 1000 persons. 13 out of 1000 marriages are resulted in divorce, which is lowest in the world. Male are the main initiator of divorce. Literal meaning of world divorce is to release or setting free where as the legal meaning is repudiate the marriage contract. In Hindu and Muslim law there are many ways and theories by which marriages can be dissolved. Irrespective of ancient time today women and men have equal rights of divorce. But divorce proceedings are very time taking in India. There are many guidelines which have to be followed by the couple before getting divorce. Here we see that role of Judiciary become more important. From banning of triple Talaq to recent judgement of Shilpa Shailesh vs. Varun Sreenivas where the court observed that mandatory 6 month waiting period under Hindu Marriage Act 1955 can we waived if the marriage is irretrievably broken down even if one of the parties is not willing, the court is playing crucial role. This chapter focuses upon Divorce under Hindu & Muslim law and recent views of Judiciary.

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Martin, Nancy M. „Weaver Woman and Lover Extraordinaire“. In Mirabai, 163–202. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780195153897.003.0005.

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Abstract The sixteenth-century Hindu woman saint Mirabai is extremely popular among marginalized communities in India. This chapter examines two performance traditions of Mirabai circulating among nonelite communities: a khyal or Rajasthani folk drama entitled Mira Mangal (Mira’s Marriage) and an oral epic song tradition Mira Janma Patri (Mira’s Horoscope) performed by low-caste singers in Rajasthan. The saint is portrayed as down to earth, struggling with social and familial pressures, without miraculous divine aid, and her life story becomes a language to expose and resist gender expectations and caste oppression from subaltern perspectives. The khyal, performed in the mixed caste setting of the village as a whole, presents Mirabai’s tale as a romance. Already completely devoted to Krishna, she is clearly forced to marry against her will, with love the pivotal issue around which the plot turns, as individual desires conflict with familial, caste, and social cohesion. In the Janma Patri, she must act under varying degrees of coercion, complying with her arranged marriage in response to her mother’s plea and to protect them both from male violence. Here, however, assignations of caste and the immense suffering this creates are the focus of the tale, as Mira faces rejection initially because her fellow queens suspect her devotional practice but irrevocably when her allegiance to the low-caste guru Raidas is revealed to her royal husband. This epic, though generally performed by male singers, bears the distinctive marks of women’s experiences and song and ritual traditions, and Mira stands in solidarity with all those who suffer under patriarchal and feudal domination, choosing to live as they must and affirming the possibility of alternative values and social relations.

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Kukreja, Reena. „Introduction“. In Why Would I Be Married Here?, 1–31. Cornell University Press, 2022. http://dx.doi.org/10.7591/cornell/9781501762550.003.0001.

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This chapter covers the marriage crisis in India. It explores the new form of non-customary marriage-making that emerged among Hindus and Muslims in rural North India. The aforementioned matrimonies were largely correlated to a discourse of bridal slavery, bride trafficking, and low societal worth accorded to Indian women, which resulted in a tragic outcome of skewed sex ratios and girl dis-preference. The chapter explores the phases of contemporary cross-region marriages in North India. It also looks into the notion of marriage migration as 80 percent of lifetime migrants in India are women citing marriage as the reason for leaving their place of birth. Moreover, the hyper-commercialization of marriage within India through the practice of dowry permeated due to the demand for cash to act as seed capital for small business ventures or satisfy demands for consumer goods.

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Robison, Claire C. „Crossing Over“. In Bringing Krishna Back to India, 114–49. Oxford University PressNew York, NY, 2024. http://dx.doi.org/10.1093/9780197656488.003.0004.

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Abstract This chapter describes the process of revising religion for Indian devotees and its impacts on notions of family. It focuses on members’ narratives of joining ISKCON, which reorients their relationships to the regional and family-based forms of the Hindu and Jain traditions in which most devotees were raised. Building on Tweed’s theory of religion, I depict their processes of joining ISKCON as acts of “crossing over” to a new identity, sometimes heightened by recent geographic migrations to Mumbai. Chowpatty’s ISKCON community provides a systematic, institutionalized framework for members to be fitted into new religious lifeways. Adopting a brahmanically inflected Krishna bhakti that shifts social and familial bonds with newly forged religious networks—including their Counselling System, the brahmacari ashram, and the Marriage Board—they offer models of religious kinship in their place.

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