The Special Marriage Act of 1872 and 1954 in Bangladesh and India aimed to provide a form of marriage for people of different religions or those not following major religions. Key provisions include allowing inter-religious and inter-caste marriages, minimum age of 18 for men and 14 for women, consent requirements, prohibiting polygamy and bigamy, and outlining grounds for divorce and provisions for alimony, child custody, and succession of property according to the Indian Succession Act of 1925. The 1954 Act expanded on the 1872 Act and established a self-contained system for solemnizing, registering, and dissolving marriages under its provisions.
Christianity has a long history in Bangladesh. Christians follow the teachings of Jesus Christ and are divided into Roman Catholics and Protestants. The main source of Christian law is the Bible. Civil laws from the British era also apply to Christians. Under Christian marriage law, marriage is considered a lifelong union, though divorce is allowed under certain circumstances. The laws provide different grounds for divorce for men and women, discriminating against women. Reforms have been proposed to make the laws more equal.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
A Hindu is personally obligated to maintain their wife, children, and aged or infirm parents according to the Hindu Adoptions and Maintenance Act, 1956. This includes provisions for food, clothing, residence, education, and medical care. A wife is entitled to maintenance whether living with or separately from her husband. Children and daughters are to be maintained until marriage, while sons must be maintained until majority. The obligation to maintain aged or infirm parents depends on the parents' inability to maintain themselves. Remedies under this law and Section 125 of the Code of Criminal Procedure are considered co-existent.
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
Christianity has a long history in Bangladesh. Christians follow the teachings of Jesus Christ and are divided into Roman Catholics and Protestants. The main source of Christian law is the Bible. Civil laws from the British era also apply to Christians. Under Christian marriage law, marriage is considered a lifelong union, though divorce is allowed under certain circumstances. The laws provide different grounds for divorce for men and women, discriminating against women. Reforms have been proposed to make the laws more equal.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
A Hindu is personally obligated to maintain their wife, children, and aged or infirm parents according to the Hindu Adoptions and Maintenance Act, 1956. This includes provisions for food, clothing, residence, education, and medical care. A wife is entitled to maintenance whether living with or separately from her husband. Children and daughters are to be maintained until marriage, while sons must be maintained until majority. The obligation to maintain aged or infirm parents depends on the parents' inability to maintain themselves. Remedies under this law and Section 125 of the Code of Criminal Procedure are considered co-existent.
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
Detailed Presentation on Special Marriage Act, 1954
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Private international law (PIL), also known as conflict of laws, deals with legal disputes that involve a foreign element between private parties. It is the branch of domestic law that determines which jurisdictions' laws apply when legal issues cross international borders. PIL establishes rules for choice of jurisdiction, choice of applicable law, and recognition and enforcement of foreign judgments. The key aspects are that PIL is part of a state's domestic legal system but applies when a case contains international factors outside that legal system.
Legal Effect of Divorce Under Muslim LawJahid Hassan
The document discusses the legal effects of dissolution of marriage under Bangladeshi law. It outlines that after divorce:
1) Cohabitation becomes illegal, the wife must observe "iddat" or a waiting period of 3 months if not pregnant or until delivery if pregnant, and certain restrictions apply to remarriage.
2) The ex-husband must provide maintenance to the ex-wife during her iddat period and any unpaid dowry becomes due.
3) The mutual rights of inheritance between the ex-spouses cease, though an exception exists if the divorce was during the ex-husband's death illness.
This document discusses the definition of a Christian under Indian law and the requirements for a valid Christian marriage according to the Indian Christian Marriage Act of 1872. It defines a Christian as someone who professes the Christian religion. The key requirements for a valid Christian marriage are: (1) one spouse must be Christian; (2) minimum ages of 21 for groom and 18 for bride; (3) neither spouse can have a living wife/husband; and (4) the marriage must be performed by a licensed person. The document also outlines the grounds for divorce under the Indian Divorce Act of 1869, including adultery, desertion, cruelty, and incurable insanity.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
The document discusses the essentials of a valid Muslim marriage under Islamic law. It states that a Muslim marriage is a civil contract that requires: 1) a proposal and acceptance between the parties, 2) the parties must be competent (sane and have reached puberty), and 3) the consent must be free. It also outlines certain prohibited relationships that if married within, would make the marriage invalid or void. Examples include relationships of consanguinity (blood), affinity (by marriage), and fosterage. Polyandry and marrying more than four wives are also prohibited. [END SUMMARY]
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - 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 to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The document discusses different modes of dissolution of marriage in Muslim law, including divorce (talaq). It describes various forms of talaq including talaq-e-sunna (proper divorce) which allows reconsideration, and talaq-e-biddat (instant triple talaq) which is irrevocable. It notes the Supreme Court ruling that instant triple talaq is unconstitutional. It also discusses dissolution by death of a spouse, divorce by mutual consent, or through judicial process. Talaq-e-tafweed allows the husband to delegate his right to divorce to the wife under certain conditions.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
Plea bargaining allows an accused person to plead guilty to a lesser charge in exchange for concessions from the prosecution. It was introduced in India through amendments to the Code of Criminal Procedure in 2005 to help reduce pending case backlogs. Plea bargaining is only permitted for offenses with maximum sentences of 7 years imprisonment that do not affect socio-economic conditions or involve crimes against women or children. The process involves negotiations between the prosecution, defense, investigating officer, victim and judge. If an agreement is reached, it is formalized in a court report and the accused is sentenced, often to a lighter punishment.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
This document discusses professional ethics for 5th semester law students. It outlines the topics to be covered, including the development of the legal profession in India, the Advocates Act of 1961, enrollment requirements to practice law, the seven lamps of advocacy, an advocate's duties to clients and courts, disciplinary proceedings, accounting for lawyers, and bar-bench relations. It provides answers to sample questions related to these topics, such as defining who is an advocate, discussing solicitors firms, the seven lamps of advocacy, and an advocate's duties regarding professional conduct, clients, and providing legal aid to the poor. The document instructs students on record keeping and a viva voce exam covering these professional ethics components.
Hindu Personal Law in Bangladesh discriminates against women's equal rights in several areas:
1. Marriage - Under the Dayabhaga and Mitaksara schools of Hindu law, certain types of marriages deprive women of inheritance rights.
2. Inheritance - Hindu law, especially the Dayabhaga school followed in Bangladesh, restricts women's inheritance rights and ability to own property. Daughters receive half the share that sons receive.
3. Divorce - It is difficult for women to obtain divorces, while men can easily divorce their wives. Upon divorce, women often do not receive proper alimony or custody of children.
Hindu Personal Law in Bangladesh continues to discriminate against
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
special marriage act by abdul rahman.pptxmootcourtstlc
The Special Marriage Act, 1954 was enacted by independent India to establish a uniform civil code for marriage that protects secularism. The Act provides an alternative to religious personal laws by allowing individuals to marry through a civil contract regardless of religion. It aims to legalize inter-religious and inter-caste marriages by establishing a special form of marriage by registration without any religious ceremonies. The key objectives are to provide for special marriages, registration of marriages, and divorce.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
Detailed Presentation on Special Marriage Act, 1954
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Private international law (PIL), also known as conflict of laws, deals with legal disputes that involve a foreign element between private parties. It is the branch of domestic law that determines which jurisdictions' laws apply when legal issues cross international borders. PIL establishes rules for choice of jurisdiction, choice of applicable law, and recognition and enforcement of foreign judgments. The key aspects are that PIL is part of a state's domestic legal system but applies when a case contains international factors outside that legal system.
Legal Effect of Divorce Under Muslim LawJahid Hassan
The document discusses the legal effects of dissolution of marriage under Bangladeshi law. It outlines that after divorce:
1) Cohabitation becomes illegal, the wife must observe "iddat" or a waiting period of 3 months if not pregnant or until delivery if pregnant, and certain restrictions apply to remarriage.
2) The ex-husband must provide maintenance to the ex-wife during her iddat period and any unpaid dowry becomes due.
3) The mutual rights of inheritance between the ex-spouses cease, though an exception exists if the divorce was during the ex-husband's death illness.
This document discusses the definition of a Christian under Indian law and the requirements for a valid Christian marriage according to the Indian Christian Marriage Act of 1872. It defines a Christian as someone who professes the Christian religion. The key requirements for a valid Christian marriage are: (1) one spouse must be Christian; (2) minimum ages of 21 for groom and 18 for bride; (3) neither spouse can have a living wife/husband; and (4) the marriage must be performed by a licensed person. The document also outlines the grounds for divorce under the Indian Divorce Act of 1869, including adultery, desertion, cruelty, and incurable insanity.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
The document discusses the essentials of a valid Muslim marriage under Islamic law. It states that a Muslim marriage is a civil contract that requires: 1) a proposal and acceptance between the parties, 2) the parties must be competent (sane and have reached puberty), and 3) the consent must be free. It also outlines certain prohibited relationships that if married within, would make the marriage invalid or void. Examples include relationships of consanguinity (blood), affinity (by marriage), and fosterage. Polyandry and marrying more than four wives are also prohibited. [END SUMMARY]
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - 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 to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The document discusses different modes of dissolution of marriage in Muslim law, including divorce (talaq). It describes various forms of talaq including talaq-e-sunna (proper divorce) which allows reconsideration, and talaq-e-biddat (instant triple talaq) which is irrevocable. It notes the Supreme Court ruling that instant triple talaq is unconstitutional. It also discusses dissolution by death of a spouse, divorce by mutual consent, or through judicial process. Talaq-e-tafweed allows the husband to delegate his right to divorce to the wife under certain conditions.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
Plea bargaining allows an accused person to plead guilty to a lesser charge in exchange for concessions from the prosecution. It was introduced in India through amendments to the Code of Criminal Procedure in 2005 to help reduce pending case backlogs. Plea bargaining is only permitted for offenses with maximum sentences of 7 years imprisonment that do not affect socio-economic conditions or involve crimes against women or children. The process involves negotiations between the prosecution, defense, investigating officer, victim and judge. If an agreement is reached, it is formalized in a court report and the accused is sentenced, often to a lighter punishment.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
This document discusses professional ethics for 5th semester law students. It outlines the topics to be covered, including the development of the legal profession in India, the Advocates Act of 1961, enrollment requirements to practice law, the seven lamps of advocacy, an advocate's duties to clients and courts, disciplinary proceedings, accounting for lawyers, and bar-bench relations. It provides answers to sample questions related to these topics, such as defining who is an advocate, discussing solicitors firms, the seven lamps of advocacy, and an advocate's duties regarding professional conduct, clients, and providing legal aid to the poor. The document instructs students on record keeping and a viva voce exam covering these professional ethics components.
Hindu Personal Law in Bangladesh discriminates against women's equal rights in several areas:
1. Marriage - Under the Dayabhaga and Mitaksara schools of Hindu law, certain types of marriages deprive women of inheritance rights.
2. Inheritance - Hindu law, especially the Dayabhaga school followed in Bangladesh, restricts women's inheritance rights and ability to own property. Daughters receive half the share that sons receive.
3. Divorce - It is difficult for women to obtain divorces, while men can easily divorce their wives. Upon divorce, women often do not receive proper alimony or custody of children.
Hindu Personal Law in Bangladesh continues to discriminate against
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
special marriage act by abdul rahman.pptxmootcourtstlc
The Special Marriage Act, 1954 was enacted by independent India to establish a uniform civil code for marriage that protects secularism. The Act provides an alternative to religious personal laws by allowing individuals to marry through a civil contract regardless of religion. It aims to legalize inter-religious and inter-caste marriages by establishing a special form of marriage by registration without any religious ceremonies. The key objectives are to provide for special marriages, registration of marriages, and divorce.
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around the sacred fire).
- It provides for
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around a fire).
- It provides for registration
A brief of the legal provisions governing the dowry law applicable in India. The parents, relatives and friends of both bride and groom are liable under the Act
The document summarizes key aspects of the Hindu Marriage Act of 1955 in India. It defines the scope of the act and who it applies to, including Hindus and other religious groups. It establishes conditions for a valid Hindu marriage, including that neither party has a living spouse, the ages of the bride and groom, and restrictions on relationships. It allows marriages to be solemnized according to customary rites and ceremonies, and considers a marriage complete after the seventh step is taken in certain ceremonies.
This document outlines The Dissolution of Muslim Marriages Act of 1939 in India. The key points are:
1. The act aims to consolidate and clarify provisions of Muslim law regarding dissolution of marriage by women under Muslim law and remove doubts about the effect of a married woman renouncing Islam.
2. It allows for dissolution of marriage on grounds such as the husband's disappearance for 4+ years, failure to provide maintenance for 2+ years, taking an additional wife illegally, imprisonment for 7+ years, failure to perform marital obligations for 3+ years, impotence, insanity for 2+ years, leprosy or disease, and cruelty as defined in the act.
3. A woman
Requisites of Marriage
Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.
AtoZmarriage Provide all type off marriage Services.they Provide Marriage registraion, Same Day Arya Samaj Marriage, Same Day Marriage Registration, Same Day Court Marriage, Court Marriage in delhi, Greater noida, bhagalpur, mumbai.
The document is a draft of proposed amendments to the law relating to marriage among Hindus in Pakistan. Some key points:
1. It proposes establishing a Hindu Marriage Act of 2012 that would apply to all Hindus, Buddhists, Jains, and Sikhs in Pakistan.
2. It defines terms like "custom", "district court", degrees of prohibited relationships, and outlines conditions for a valid Hindu marriage.
3. It describes ceremonies for solemnizing a Hindu marriage and provides for registration of Hindu marriages in a marriage register.
4. It addresses issues like restitution of conjugal rights, judicial separation, nullity of marriages, voidable marriages, and divorce. Grounds for divorce include desertion
This document discusses the various types of marriages recognized in South Africa, including:
1) Marriages in community of property (COP) or out of COP, governed by the Marriages Act.
2) Marriages conducted under the laws of a foreign country, governed by that country's laws.
3) Customary marriages, recognized by the Recognition of Customary Marriages Act and governed by customary law. After 2000, customary marriages are considered COP unless an ante-nuptial contract specifies otherwise.
4) Muslim/Hindu marriages are not legally recognized unless conducted under the Marriages Act.
5) Same-sex civil unions allowed under the Civil Union Act of 2006.
Tamilnadu Marriage Assistance schemes.pptxFRANKJEBA
The document summarizes marriage assistance schemes and laws in Tamil Nadu, India. It outlines three schemes that provide financial assistance to help poor families marry off their daughters and widows. It also describes marriage laws for Hindus, Christians, and Muslims, outlining eligibility, conditions for marriage and divorce, and prohibited relationships. The schemes and laws are administered to help promote education, abolish discrimination, and ensure rehabilitation of widows in society.
Bigamy(Department of criminology,university of dhaka)md farhad meazi
1) The document discusses bigamy laws in Bangladesh, defining it as marrying another person while already married. Bigamy is illegal under Bangladeshi penal code and punishable by up to 7 years in prison.
2) It provides details on laws governing bigamy for different religious communities in Bangladesh. For Muslims, men are allowed polygamy under Islamic law, though it is criticized for not treating women equally.
3) The document examines a court case where a man was charged with bigamy for marrying a second time without divorcing his first wife. While he admitted to the second marriage in a court document, the court acquitted him due to lack of proof that the second marriage was valid under law.
1. The petitioners, a married couple, filed a habeas corpus petition claiming the detenue's (wife's) father was illegally preventing her from living with her husband. Both parties are adults who married willingly. The father accepted the wife's decision to live with her husband.
2. However, the couple expressed that the notice and objection period required under the Special Marriage Act to solemnize their marriage would invade their privacy and cause unnecessary social interference and pressure regarding their choice of partner.
3. The court must consider the issues raised regarding the rights of individuals to life and liberty in choosing a marriage partner without undue notice and objection periods required under law. The provisions of the Special Marriage Act may need
The Special Marriage Act of 1954 allows people in India to have civil marriages regardless of religion or faith. It provides a legal framework for inter-caste and inter-religious marriages through a process of registration and notice. Under the Act, a marriage officer can solemnize marriages after a 30-day notice period if no objections are filed. The Act also covers divorce on grounds like cruelty, adultery or desertion. It promotes gender equality and non-discrimination by allowing people from different religions and castes to marry.
The Special Marriage Act of 1954 provides a framework for marriage between two individuals in India regardless of religion. Key provisions include allowing those of sound mind over 18/21 to marry without religious restrictions, a notice and objection period overseen by a Marriage Officer, and a process for solemnizing the marriage that includes declarations and certificates. The Act also establishes grounds for void, voidable, and dissolved marriages as well as judicial separation and divorce, with succession governed by the Indian Succession Act of 1925.
Restitution of conjugal rights a comparative study among indian personal lawsAnuja Aiyappan
The aim of the ppt is to understand what restitution of conjugal rights implies with respect to different Indian personal laws and to do a comparative study of the provisions for restitution of conjugal rights available under Hindu and Muslim Law. The report introduces the reader to the concept and origin of restitution of conjugal rights, different provisions available for restitution under Indian personal laws and what are the main constituents of the restitution of conjugal rights in the first chapter. Next, the constitutional validity of the relief for restitution of conjugal rights and the application of the restitution provision across various communities – Hindu, Muslim, Christian and Parsi. Finally in the last chapter, the comparison of the various provisions and applications of the restitution of conjugal rights under different Indian Personal Laws of Christian, Hindu and Muslim law is taken up.
The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
This document discusses maintenance obligations under Muslim and Hindu law in Bangladesh and India. Some key points:
- Under Muslim law, a husband has an obligation to maintain his wife, children, and dependent relatives. This includes providing food, clothing, and housing.
- In Bangladesh, a divorced wife can claim maintenance from her ex-husband only for the period of iddat (around 3 months). In India, the law was unclear until a 1986 act specified maintenance only during iddat.
- Under Hindu law in Bangladesh and India, a wife can claim interim or permanent maintenance from her husband during or after marriage through various acts governing marriage, adoption, and family courts.
Constitutional provisions on gender bangladeshShahjada Zihad
I do not have enough context to make a determination about the constitutionality of specific laws. The constitutionality of laws often involves weighing complex legal principles and considerations.
The document summarizes key parts of the Family Court Act 1964 of Pakistan. It establishes Family Courts in each district to handle matters related to marriage, divorce, child custody, and other family issues. The courts must have at least one woman judge and aim to resolve disputes through mediation and reconciliation where possible. They have exclusive jurisdiction over cases specified in the schedule, including divorce, dowry, and child custody. The courts also aim to determine maintenance amounts and their annual increase to support wives and children.
Restitution of conjugal_rights_bangladesh_._lastpptxShahjada Zihad
The document discusses the legal right to restitution of conjugal rights in Bangladesh. Some key points:
- Either spouse can sue the other for restitution of conjugal rights if the other party withdraws from living together without valid reason. This right exists under Muslim, Hindu, and Christian laws in Bangladesh.
- However, the courts have discretion and may refuse an order if there is cruelty, violence, lack of safety, or other reasonable excuses.
- Some court cases found that a unilateral plea for restitution of conjugal rights by a husband against a unwilling wife violates principles of equality and women's rights under the Bangladesh constitution. However, other cases upheld the law as constitutional.
This document summarizes several court cases related to guardianship and custody in Bangladeshi family law. The key points are:
1) The courts have consistently ruled that the welfare and best interests of the child are the paramount consideration in guardianship and custody cases, even if it means departing from traditional rules.
2) Custody has been granted to mothers, stepmothers, and even strangers if it was deemed in the child's best interest over biological relatives' claims.
3) Traditional rules around fathers receiving custody of sons at age 7 are not immutable, and circumstances can justify departing from such rules based on the child's welfare. International law principles also influence interpretations when not contradictory
This document discusses maintenance obligations under Muslim and Hindu law in Bangladesh and India. Some key points:
- Under Muslim law, a husband has an obligation to maintain his wife, children, and dependent relatives. This includes providing food, clothing, and housing.
- In Bangladesh, a divorced wife can claim maintenance from her ex-husband only for the period of iddat (around 3 months). There was controversy over whether maintenance was owed beyond this period.
- In India, the Shah Bano case established that Section 125 of the Criminal Procedure Code allows divorced Muslim women to claim maintenance. However, public pressure led to passage of a new law limiting maintenance to the iddat period.
- Under Hindu law
This document provides an introduction to a research monograph examining the impacts of declaring a state of emergency on Bangladesh and its citizens. It includes definitions of key terms, the objectives of studying this topic, an overview of the methodology and chapter structure. The introduction aims to set up an analysis of emergency provisions in Bangladesh from a constitutional and human rights perspective, with the goal of recommending safeguards to prevent abuse of these provisions while still allowing for their necessary use.
Anti-Money Laundering (AML): What It Is, Its History, and How It Works
What Is Anti-Money Laundering (AML)?
Anti-money laundering is an international web of laws, regulations, and procedures aimed at uncovering money that has been disguised as legitimate income. For centuries, governments and law enforcement agencies have tried to fight crime by following the money. In modern times, that comes down to anti-money laundering (AML) laws and activities.
Money laundering is the concealment of the origins of money gained from crimes, including tax evasion, human trafficking, drug trafficking, and public corruption. It also includes money being illegally routed to terrorist organizations.1
Anti-money laundering regulations have had an impact on governments, financial institutions, and even individuals around the world.
REPUBLIC ACT No 11313 An Act Defining Gender-Based Sexual Harassment in Stree...elyshaiana2
An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor
This Act shall be known as the "Safe Spaces Act".
IHL provisions call for requisite study to assess their capacity to deal with emerging means and methods of warfare.
Member states of the UN should promote negotiations on a new international treaty to ban and regulate lethal automatic weapon systems together with use of artificial intelligence in armed conflicts.
1. THE SPECIAL MARRIAGE ACTS
1872 (Bangladesh and Pakistan)
and 1954 (India)
Shahnaz Huda
COMPARATIVE FAMILY LAW
2. • An Act to provide a form of Marriage in certain cases.
Preamble
WHEREAS it is expedient to provide a form of marriage for persons
who do not profess the Christian, Jewish, hindu, MusliM,
Parsi, Buddhist, sikh or Jaina religion,
and for persons who profess the Hindu, Buddhist, Sikh or
Jaina religion and to legalize certain marriages the validity of
which is doubtful
[This Act extends to the whole of Bangladesh]
3. Who can marry under this Act..
• Those persons who do not profess any religion
• Two person belonging to different religions who
have given a declaration that they do not profess any
religion ( If they do not give such declaration their
marriage will be void---18 DLR 509)
• Hindus belonging to different castes without giving
the above type of declaration
• Persons belonging to different religions if they are
Hindus, Buddhists, Jains or Sikhs without having to
given declaration of forsaking their religion
4. • The Act clarifies extent of applicability of the
Act,
• The method of solemnization of marriages
under the Act,
• How succession, dissolution will take place etc
5. • No polygamy allowed for either husband or
wife
• Minimum age is: the man must be eighteen
years of age, and the woman must be
fourteen years old but CMRA 1929 applies
• Each party must, if s/he has not completed
the age of twenty-one, have obtained the
consent of his/her father/guardian to the
marriage.
6. • Witnesses: For marriages under the SMA,
1872 there has to be three witnesses
• Marriages under the above Act are contracts
and consent of parties is required
7. • The parties must not be related to each other
in any degree of consanguinity or affinity
which would, according to any law to which
either of them is subject, render a marriage
between them illegal.
8. • Any person who commits bigamy shall be
deemed to have committed an offence and
will be liable to punishment under section 494
or section 495 of the Penal Code, as the case
may be; and the marriage so solemnized will
be void (Section 15 and Section 16).
9. • The Divorce Act 1869 shall apply to all
marriages contracted under this Act
• Maintenance of wife also determined by the
Divorce Act, 1869
• Succession to the property of any person who
professes the Hindu, Buddhist, Sikh or Jaina religion,
married under this Act, and property of issue of such
marriage shall be regulated by the provisions of the
Succession Act 1925 (Section 24). CONFUSION and
lack of clarity as to those who do not profess any
religion or have given up their religion
10. • A person who professing the Hindu, Buddhist,
Sikh or Jaina religion marring under this Act
shall lose his right to adopt(Section 25).
• His father however, shall have the right to
adopt a son under the law to which he is
subject, provided that if he has no other son
living.
11. THE SPECIAL MARRIAGE ACT
1954
• Under Section 4, a marriage between any two
persons may be solemnized under this Act, if
at the time of the marriage certain conditions
are fulfilled, namely:—
• (i) neither party has a spouse living
• (ii) the male has completed the age of twenty-
one years and the female the age of eighteen
years;
• (iii) the parties are not within the degrees of
prohibited relationship unless custom permits
12. • (iv) Both parties are capable of giving valid
consent
• (v) Neither party is suffering from
unsoundness or from mental disorder which
makes her/him unfit for marriage and the
procreation of children
13. Registration of marriages
celebrated in other forms
• Section 15: Any marriage celebrated, whether
before or after the commencement of this
Act, other than a marriage solemnized under
the Special Marriage Act, 1872 or under this
Act, may be registered under this Chapter by a
Marriage Officer in the territories to which
this Act extends provided the following
conditions have been fulfilled:—
14. • (a) a ceremony of marriage has been
performed between the parties and they have
been living together as husband and wife ever
since;
• (b) neither party has at the time of
registration more than one spouse living;
• (c) neither party is an idiot or a lunatic at the
time of registration;
• (d) the parties have completed the age of
twenty-one years at the time of registration;
15. • (e) the parties are not within the degrees of
prohibited relationship [THE FIRST SCHEDULE
of THE SPECIAL MARRIAGE ACT, 1954--gives a
list of such persons]
• (f) the parties have been residing within the
district of the Marriage Officer for a period of
not less than thirty days immediately
preceding the date on which the application is
made to him for registration of the marriage.
16. Succession : Section 21
• Succession to property of parties married
under Act.—Notwithstanding any restrictions
contained in the Indian Succession Act, 1925
(39 of 1925), with respect to its application to
members of certain communities, succession
to the property of any person whose marriage
is solemnized under this Act and to the
property of the issue of such marriage shall be
regulated by the provisions of the said Act…….
17. The Act of 1954 is a self-
contained act---
• Section 22: Application for Restitution of
Conjugal Rights ---to District Court
• Section 23: Application for Judicial Separation
---to District Court
18. Chapter VI: Nullity of Marriage and
Divorce
• Sec. 24. VOID MARRIAGES
• Sec. 25: VOIDABLE MARRIAGES
Dissolution of marriage
• Sec. 27: Divorce.—..a petition for
divorce may be presented to the
district court either by the husband
or the wife on the ground that the
respondent has or is : ---
19. • after the solemnization of the marriage, had
voluntary sexual intercourse with any person other
than his or her spouse; or
• deserted the petitioner for a continuous period of
not less than two years
• undergoing a sentence of imprisonment for seven
years or more for an offence as defined in the Indian
Penal Code (1860);
• since the solemnization of the marriage treated
the petitioner with cruelty;
20. • or been incurably of unsound mind, or been
suffering continuously or intermittently from
mental disorder of such a kind and to such an
extent that the petitioner cannot reasonably
be expected to live with the respondent.
Explanation is given as to what constitutes the
above is given in the Act.
21. • Divorce by mutual consent.— Section 28
• Alimony pendente lite –Section 36
• Permanent alimony and maintenance---
Section 37
• Custody of children --Section 38
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![• An Act to provide a form of Marriage in certain cases.
Preamble
WHEREAS it is expedient to provide a form of marriage for persons
who do not profess the Christian, Jewish, hindu, MusliM,
Parsi, Buddhist, sikh or Jaina religion,
and for persons who profess the Hindu, Buddhist, Sikh or
Jaina religion and to legalize certain marriages the validity of
which is doubtful
[This Act extends to the whole of Bangladesh]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)