Changes Necessary to be Introduced in the Hindu Marriage Act, 1955
By
Smt. C. R. Davda
The Hindu Marriage Act, 1955 is a personal law, which is applicable to only those who are Hindus. It became effective from 18th May 1955. From 1955 till 1998, only four amendments were made in this Act, viz; in 1956,1964, 1976 and in 1978. The amendment of 1956, now has been drastically changed in 1976, so the amendment of 1956 now has only a historical value. As our social values are changing, our law also needs changes. So as per my view. the following changes are necessary to be introduced in the Hindu Marriage Act, 1955.
Sec : 9 of the Act provides the Remedy of Restitution of Conjugal Rights. The remedy of Restitution of Conjugal Rights owes its origin in the Jewish Law. From the Jewish Law it came to the English Common Law; and from the English Common Law it came to our Indian Law, By the 'decree of Restitution of Conjugal Rights the Court orders the guilty party to live with the aggrieved party. The concept of this remedy owes its origin to the ancient, days. When the ....