They fall in the prohibited ‘sapinda’ under the Hindu Marriage Act (HMA) and could not marry each other. The HMA prohibits marriage between two individuals if they have a common ancestor.
The petitioners have pointed “right to marry is a part of ‘right to life’ under Article 21 of the Constitution”.
Section 9 of the Hindu Marriage Act, 1955 continues to empower the courts in our country to force estranged couples into resuming marital relationships. However, in India over the last few decades, people’s perspective on the institution of matrimony has undergone a huge change. We have been increasingly questioning its basis. Also how it wrongfully advocates, […]
In India, marriage is considered as a pure institution that not only ties two individuals but two families. Despite this, the number of crimes against married women aka daughters-in-law have been surging incessantly. Be it dowry deaths or domestic violence, the numbers have been increasing at an alarming rate. It is ironical that most women […]
On 31st August, the Law Commission of India suggested that in all cases of divorce, property or income gained after marriage should be divided equally between the woman and the man. The suggestions came in as a basis to promote gender equality across communities and religions. There is a need to recognize a woman’s role […]
The Supreme Court recently said that consent is an inherent part of the Hindu Marriage Act. Simply put, it said if the bride had not given consent, the marriage would be invalid. This statement came in response to a PIL. It sought to make individual consent mandatory for validating a marriage. Plea by daughter of […]
