The Hindu Marriage Act of 1955 primarily governs Hindu marriages in India. It lays down requirements that acknowledge, invalidate, dissolve, or reunite married couples. It also lists the legitimate courts that have jurisdiction over cases under the virtue of this act. It was created with the intention of protecting the rights to marriage for Hindu brides and grooms who are united by the sacred tie of marriage at any ceremony.
The Hindu Marriage Act of 1955, enacted by the legislature, covers marriages among Hindus, restitution of conjugal rights, legal separation, dissolution of marriage, maintenance, and guardianship.
Section 3 of the Hindu Marriage Act of 1955
Section 3 of the Hindu Marriage Act provides the definition clause.
Section 3(a) - The term "Custom" and "Usage" refer to any rule that has become a rule among Hindus in any specific area, tribe, community, group, or family after being regularly and consistently followed for a significant period.
Provided that the regulation is clear, not irrational, and not against any public policy; furthermore, if a regulation exclusively applies to a family, it must not have been stopped by the family.
Section 3(b) – The term “District Court” refers to the city Civil Court in any location where there is one and the major civil court of the primary jurisdiction in any other area. It also encompasses any other Civil Court that the State Government may designate as having jurisdiction over the matters covered under the Hindu Marriage Act of 1955.
Section 3(c) – The term “full blood” and “half blood” refers to two persons who have a common ancestor with the same wife, they are said to be connected by full blood, and when they share the same ancestor with different wives, they are said to be related by half blood.
Section 3(d) – The term “uterine blood” refers to two persons who share a common ancestor but have different husbands and are said to be linked through uterine blood.
Section 3(e) – The term “prescribed” means in accordance with rules adopted according to the Hindu Marriage Act of 1955.
Section 3(f) (i) – The term “Sapinda Relationship” refers to the generational links within the extended family, such as father, grandfather, and so forth. The sapinda relationships have been defined in two different legal annotations. They are:
Ø Dayabhaga- It refers to a person who is connected by the same pinda
Ø Mitakshara- It refers to a person who is connected by the same bodily particles (ball of rice or funeral cake offered at sraddha ceremony)
Section 3(f) (ii) – Two people are said to be "Sapindas" of each other when it indicates that they are descended from each other.
Section 3(g) – The term “degree of prohibited relationship” means when two people are deemed to be in a restrictive relationship.
If one is the lineal descendant of the other
If one was the spouse of a descendant or lineal ascendant of the other
if one person was the spouse of the other's brother, father, mother, grandfather, or grandmother, or if they were all related by blood
If the two are siblings, offspring of siblings, children of two brothers, children of two sisters, or uncle and niece
You will need a lawyer to make you understand the relevance of Section 3 of the Hindu Marriage Act of 1955 and register your marriage under the act. If you want to know more about Section 3 of the Hindu Marriage Act and then register your marriage under the said act in Gurgaon, then Court Marriage Lawyers in Gurgaon can be hired, and if you want to know more about Section 3 of the Hindu Marriage Act and then register your marriage under the said act in Ghaziabad, then Court Marriage Process in Ghaziabad can be hired. Likewise, Court Marriage Lawyers in Meerut can be hired if you want to know more about Section 3 of the Hindu Marriage Act and then register your marriage under the said act in Meerut.
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