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  • leadindia836
    • Nov 19, 2022
    • 3 min read

How Section 20 Of Hindu Marriage Act Works

The Hindu Marriage Act is an Act of the Indian Parliament that was approved on May 18, 1955. At this time, the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956), and the Hindu Succession Act (1956) were all passed the Hindu Code Bills (1956). The act's principal goal was to update and codify the law governing marriage between Hindus and other people. In addition to amending and codifying Sastrik Law, it also contained divorce and separation, both of which are previously covered by Sastrik Law. Through this statute, Hindu law became uniform throughout all Hindu communities. Different religions in India each have their own civil laws that govern their adherents individually and ask a legal question.


The conventional view holds that a marriage is not just a relationship or a bond that lasts for the present world, but also a bond that endures forever. As a result, Hindu society placed such a high value on maintaining marriage that being divorced was frowned upon and stigmatized. Divorce was a common occurrence in Hindu communities, especially among the so-called lower socioeconomic strata. However, the Hindu Marriage Act was taken into consideration due to the shifting demands of society, and ultimately the divorce provision also found a home in the Hindu Marriage Act.


A family can be raised through marriage, and as a result, an unbreakable bond is also created between the two people who enter it. Marriage is an institution through which two people make a commitment to one another and work for the welfare of the same. Because people are unpredictable, while the idea of marriage is present, the idea of divorce is also present.


Procedure:

The court where the divorce petition shall be filed should be presented is specified in Section 19 of the Hindu Marriage Act of 1955. It further emphasizes the requirement that every petition filed under this Act be filed with the district court within the geographic boundaries of the initial ordinary civil jurisdiction. Therefore, the petition may be submitted in:

  • The location of the wedding ceremony.

  • The location where the respondent was residing at the time the petition was filed.

  • The location of the couple's previous shared residence.

  • The most recent address of the petitioner's wife.

  • Depending on where he or she is now residing, the petitioner may file a petition if the responder is residing outside of the territorial borders of the act's application or if no one has heard from them in 7 years.

The substance and verification of the petition are specified in Section 20. Every divorce petition submitted under the Hindu Marriage Act of 1955 must be carefully reviewed based on the circumstances of each case in order to determine whether or not relief is appropriate, according to Section 20 Subsection 1.


According to Section 20 Subsection 2, the statements made in each petition filed pursuant to this Act shall be verified by the petitioner or by any other competent person in a manner prescribed by law for the verification of the plaints, and shall be admissible in evidence at any hearing.


According to Section 21B, a petition trial must first be conducted in the interest of justice and must proceed daily until the issue is resolved. Daily, all the pertinent justifications for submitting the divorce petition must be noted. Section 21B makes this declaration (1). Second, an effort should be made to resolve the cases in less than six months. Therefore, the matters must be resolved quickly in accordance with Section 21B. (2). Thirdly, Section 21B(3) states that any appeal filed under the Act must be handled as quickly as practicable and must attempt to be resolved within three months of the day notice of the appeal was served on the party.


No document in this regard that is not properly stamped or registered shall be allowed, according to Section 21C. Because of this, Section 21C refers to the documented proof.


According to Section 22 of this Act, all proceedings under this Act must be held in camera, and it is forbidden for anybody to print or publish any of them. However, if any act is committed in violation of the above clause, the offender would also face a punishment of up to Rs. 1000.


Hindu Marriage Act talks about marriage and divorce both. In case a couple wants to do court marriage, then the Hindu Marriage Act provides the requirements and procedure. If the couple lives in Mumbai, Court Marriage Mumbai can also be done. Likewise, if they live in Noida then Court Marriage In Noida can be done. One can Ask A Legal Question Online Free in cases of any confusion.


Law Experts in lead India can help you in guiding with the procedure. We at Lead India will give you detailed knowledge of rights and procedure of divorce.


Call Us: - +91-8800788535

Email: care@leadindia.law

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