Section 1
The Hindu Marriagc Act, 1955 (Cetllral Acl 25 af 1955), has
1 The Hindu Marriagc Act, 1955 (Cetllral Acl 25 af 1955), has
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an overriding eEcct over any other law infarce immediately befare
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the cammonccmen! of that Act in so far as it is inconsistent with any of the provisions of that Act-vide section 4 (b) thereof. But ~nder section 29 (2) af 1 he Central Act nothing contained in that
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Act shall be decmcd to affcc'r any right rccogniscd by custom or Fn-f
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ferred by any special enactment to abtain the dissolution af a Hlndu
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marriago whet her solemni sed before or aft c
f hA . the commencement
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of that Act,
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riage con-
Notice of every marriage contracted on or after the date on which this Act comes into force shall be given
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,5. During the continuance of a prior marriage which is valid under section 4, any marriage contracted by either of
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to on or afcer the date on which this Act comes into force shall be void.
which is valid under ,section 4 may be er I he dale on which this Act comes into
(a) by a
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h registered instrument of
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executed by the parties thereto ; or
dissolution
by an order of dissolution as hereinafter provided:
if either or both the parties is or am minors, the marriage shall not be dissolved until after the
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patty has become a major or both the parties have become
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majors, as the case may be.
Nothing confained in this section shall be deem-d to
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invalidate any dissolution of the marriage effected before
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the date on which this Act comes into for(; -. in accordance with the custom prevailing in co~nmanity to which the
The dissolution of a marriage which is valid uoder
Rights of narrlage,
etc., not of marriage.
Petition for 8. (1) A husband or wife may present a petition for
lif hli Petition for
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dissolution. dissolution of the lnarriage-
(a) if tht: place"--
(i) where the marriage was contracted, or
(ii) where the respondent or pcti ioner at the
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time of the m-a$ee, a permanen: dwelling or actualty
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[or carrjrcl fin bu->jwJz or w~dy )
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ICHAYTER 111.
Maintenance and Guardianship.
I Maintenance, of
ifd d 13. (1) The wife, and minor children other than marfled
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wife and daughters, shall be entitled to be maintained by the husband minor or the father, as the case may be :
ildren minor
children,
provided that the wife shall not be enti tied to maintenance from her husband, if she refuses to live with him
ihj without just cause.
(2) Nothing contained in sub-section (!) shall affect
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the right of any person to maintenance from his or her kutumba ar kavaru prop2riies.
(3) l~, L-~arding maintenance under sub-section (I), the Court shall have due regard to the means and circums-
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tances of the pzrssn against and by whom maintenance is claimed and to the reasonable wants of the person
liii claiming maintenance.
Guardian14. The husband shall be the guardian of his minor wife
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ship of, minor in respect of her person and property ; and subject to the wife and provisions of section 15, the father shall be the guardian of children wife and p
children. his minor childsen other than married daughters, in respect of their person and property :
Providod that such guardianship shall not extend to the right and interest of'the wife or children in respect of their kutumba or kavaru proper ties :
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&or marriage is
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L Provided further that the custody of a minor child who
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has not completed the age of three years shall ordinarily bewith the mother.