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Landmark judgements on Hindu Law

 Important landmark Judgements of Hindu law


In the first case ,of Bhaurao Shankar lokhande v. State of Maharashtra AIR 1965

In this case Supreme Court held that proper Solemnisation of Second marriage is essential to Constitute the offence of bigamy. 

Under Hindu marriage act bigamy means dual marriage and without dissolving the first marriage if a person gets into second marriage ,the second marriage stands void.

Here , solemnisation means , The marriage that was performed should be in a proper way by following all the rituals , ceremonies and celebration that is usually done in Hindu marriage.

Hindu marriage act prohibits bigamy and promotes monogamy. Monogamy means a husband or wife can only have one husband or wife. Under Hindu marriage act a man cannot have two wives at a time And A woman cannot have two husband at a time.


In the case of Sarla Mudgal v. UOI AIR 1995

 In this case the supreme court held that , If one is already married under Hindu law , he by embracing Islam cannot solemnize a second marriage.

Muslim law promotes Polygamy while Hindu law promotes Monogamy.

Muslim man has the liberty to marry four woman maximum.

The court explains that if a Man is already married to a Hindu woman under Hindu marriage act and then convert into Islam and marry another woman of that religion while the first marriage is still into existence is an offence .


In the case of P.V venkataramana v. State AIR 1977 

It was held in this case that child marriage is a valid marriage. Under Hindu marriage act it is rightly stated that a bridegroom should be 21 year old or above while getting married And bride should be 18 years or above of age while getting married. And if a man gets married under the age of 18 or a woman gets married under the age of 21 is valid as child marriage is nor void neither voidable. Supreme court gave this judgement and in its support said it is a well settled principle in the law relating to marriages that they should lean against the interpretation of any provision of law which is Liable to render innocent children of marriage “bastards”.

 


In the case of Seema v. Ashwani kumar

In this case the Supreme Court directed the central government and the state government to make it compulsory for people of India of various religions to get their marriages registered in their state or where the marriage has solemnised .Registration of marriage should be made compulsory for all the religion and public of India.


In the case of Saroj rani v. Sudershan Kumar

In this case constitutionality of section 9 of the Hindu marriage act was challenged. The petition was filed by the wife for restitution of conjugal right under section 9 of Hindu marriage act but Supreme Court upheld the constitutionality Of section 9 of Hindu marriage act by saying it serves as Social purpose as an aid to Prevention of breakup  of the marriages.


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