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The Hindu Marriage Act, 1955
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). Purpose The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions. Applicability Section 2 of the Hindu Marriage Act, 1955 says: This Act applies - to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Sa ...
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Parliament Of India
The Parliament of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme legislative body of the Republic of India. It is a bicameralism, bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in his role as head of the legislature has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister of India, prime minister and his Union Council of Ministers. Those elected or nominated (by the president) to either house of Parliament are referred to as member of Parliament (India), members of Parliament (MPs). The member of Parliament, Lok Sabha, members of parliament of the Lok Sabha are direct election, directly elected by the Indian public voting in single-member districts and the member of Parliament, Rajya Sabha, members of parliam ...
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Men's Rights Movement
The men's rights movement (MRM) is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals (men's rights activists or MRAs) who focus on general social issues and specific government services which adversely impact, or in some cases structurally discriminate against, men and boys. Common topics discussed within the men's rights movement include family law (such as child custody, alimony and marital property distribution), reproduction, suicides, domestic violence against men, circumcision, education, conscription, social safety nets, and health policies. The men's rights movement branched off from the men's liberation movement in the early 1970s, with both groups comprising a part of the larger men's movement. Many scholars describe the movement or parts of it as a backlash against feminism. As part of the manosphere, the movement, and sectors of the movement, have been described by scholars and commentators as misogynistic, hat ...
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Indian Family Law
Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asian ethnic groups, referring to people of the Indian subcontinent, as well as the greater South Asia region prior to the 1947 partition of India * Anglo-Indians, people with mixed Indian and British ancestry, or people of British descent born or living in the Indian subcontinent * East Indians, a Christian community in India Europe * British Indians, British people of Indian origin The Americas * Indo-Canadians, Canadian people of Indian origin * Indian Americans, American people of Indian origin * Indigenous peoples of the Americas, the pre-Columbian inhabitants of the Americas and their descendants ** Plains Indians, the common name for the Native Americans who lived on the Great Plains of North America ** Native Americans in the U ...
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Marriage In Hinduism
The Hindu marriage () is the most important of all the Samskara (rite of passage), samskaras, the rites of passage described in the Dharmaśāstra, Dharmashastra texts. Variously defined, it is generally described to be a social institution for the establishment and regulation of a proper relationship between the sexes, as stated by Manu (Hinduism), Manu. Marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practise dharma together, as ordained by the Vedas. The Brahmana, Brahmanas state that man is only said to be "complete" after marrying a woman, and acquiring progeny. Aspects Conception The ideal conception of marriage that was laid down by the ancient Indians is one in which it is a ceremonial gift of a bride (Vadhū) by her father, or another appropriate family member, to a bride-groom (Vara), so that they may fulfil the purposes of human existence together. In ...
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Hindu Law
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. It is one of the oldest known jurisprudence theories in the world and began three thousand years ago whose original sources were the Hindu texts. Hindu tradition, in its surviving ancient texts, does not universally express the law in the canonical sense of ''Ius (canon law), ius'' or of ''Lex (canon law), lex''. The ancient term in Indian texts is Dharma, which means more than a code of law, though collections of legal maxims were compiled into works such as the Nāradasmṛti. The term "Hindu law" is a colonial construction, and emerged after the colonial rule arrived in Indian Subcontinent, and when in 1772 it was decided by British colonial officials, that European common ...
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Christian Personal Law
Christian Personal Law or family law regulates Adoption, Divorce, Guardianship, Marriage and Succession in India. The provisions of canon law concerning marriage are recognised as the personal law of Catholics in India (except in the state of Goa). Marriages of Indian Catholics (except in the state of Goa) are regulated by the Indian Christian Marriage Act, 1872. Christian Personal Law is not applicable in the state of Goa. The Goa civil code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that, a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation. Adoption Christians in India can adopt children by resorting to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006 read with the G ...
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Muslim Women (Protection Of Rights On Divorce) Act 1986
The Muslim Women (Protection of Rights on Divorce) Act was a landmark legislation passed by the parliament of India in 1986 to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husband and to provide for matters connected therewith or incidental thereto. The Act was passed by the Rajiv Gandhi government to nullify the decision in the Shah Bano case. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgement of the Supreme Court. It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973. As per the Act, a divorced Muslim woman is entitled to reasonable and fair provision and maintenance from her former husband, and this should be paid within the period of iddat. According to the Statement of Objects and Reasons of this Act, when a Muslim divorced w ...
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Dowry System In India
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is referred to dahez in Hindi and as ''jahez'' in Urdu. The dowry system can put great financial burden on the bride's family. In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any o ...
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Samskara (rite Of Passage)
Samskara (IAST: , sometimes spelled ''samskara'') are sacraments in Hinduism and other Indian religions, described in ancient Sanskrit texts, as well as a concept in the karma theory of Indian philosophies. The word literally means "putting together, making perfect, getting ready, to prepare", or "a sacred or sanctifying ceremony" in ancient Sanskrit and Pali texts of India. In the context of karma theory, samskaras are dispositions, character or behavioural traits, that exist as default from birth or prepared and perfected by a person over one's lifetime, that exist as imprints on the subconscious according to various schools of Hindu philosophy such as the yoga (philosophy), Yoga school. These perfected or default imprints of karma within a person, influences that person's nature, response and states of mind.Stephen H. Phillips (2009), Yoga, Karma, and Rebirth: A Brief History and Philosophy, Columbia University Press, , Chapter 3 In another context, Samskara refers to the d ...
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The Prohibition Of Child Marriage Act, 2006
The Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. The act forbids child marriages in India. It also protects and provides assistance to the victims of child marriages. In October 2017, the Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then viewed the consummation of marriage with minor wife as legal. Historical background UNICEF defines child marriage as marriage before 18 years of age and considers this practice as violation of human right. Child marriage has been an issue in India for a long time, because of its root in traditional, cultural and religious protection it has been hard battle to fight. According to 2001 census there are 1.5 millions of girls in India under the age of 15 years already married. Some of the harmful consequences of such child marriage are that, child loses opportunities for education and segr ...
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Madras High Court
The Madras High Court is a High Court in India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry. It is located in Chennai, and is the third oldest high court of India after the Calcutta High Court in Kolkata and Bombay High Court in Mumbai. The Madras High Court is one of three high courts of colonial India established in the three Presidency Towns of Madras, Bombay and Calcutta by letters patent granted by Queen Victoria, dated 26 June 1862. It exercises original jurisdiction over the city of Chennai, as well as extraordinary original jurisdiction, civil and criminal, under the letters patent and special original jurisdiction for the issue of writs under the Constitution of India. Covering 107 acres, the court complex is one of the largest in the world, second only to the Supreme Court of the United Kingdom. The High Court consists of 74 judges and a chief justice. History From 1817 to 1862, the Supreme Court of Madras was ...
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