The decision of the Karnataka High Court related to making physical relations is in discussion.
Karnataka High Court A decision has given birth to a new debate. In its decision, the court has said that if the husband refuses to have physical relations with the wife, it Hindu marriage act There is cruelty under IPC but on this basis a criminal case cannot be initiated against him. Even before this decision of the High Court, many High Courts and Supreme Court has also given its decisions on this issue, but this matter got separated or came into discussion because after a few days of marriage, the wife went to her maternal home and filed a case of dowry harassment. He demanded cancellation of the marriage under the Hindu Marriage Act.
Later they got divorced but the case of dowry harassment continued. The aggrieved party approached the High Court and got relief from there.
How much will be the punishment?
Supreme Court lawyer Ashwini Dubey says that under the Hindu Marriage Act, not having a physical relationship between husband and wife is definite cruelty, but only on this basis, no such crime is made against the husband or wife in which there is a provision of punishment. Yes, both can take divorce. For this, the Supreme Court has also given the same arrangement in many of its decisions. In such cases, both husband or wife can apply for divorce and family courts also dispose of such cases on priority.
What does the Hindu Marriage Act say?
The Hindu Marriage Act 1955 has decided who are Hindus? What are the rules and regulations of marriage in Hinduism? Which marriage is valid and which is invalid? The rules and regulations of divorce have also been discussed in this? Apart from any dispute, the condition of maintenance has also been clarified in this, whether the husband claims or the wife?
The Hindu Marriage Act came into force in the year 1955. Apart from Hindus, the same act also applies to Buddhism and Jainism. Under this, youth of any caste can marry. Just, there should be no blood relation between the boy and the girl. The act says that second marriage is not valid without divorce.
The Special Marriage Act came into force in 1954. Under this act, boys and girls of any caste and religion can marry. They have to apply to the marriage registrar. If there is no objection after 30 days of application, then the marriage is approved. The rules of divorce by mutual consent are also applicable here.
What are the rules in other religions?
Muslim Family Law deals with the marriage of boys and girls of Muslim families. In Muslim society, marriage is like an agreement. A fixed amount is given by the groom to the bride in any form, which is called mehr amount. There are rules for taking consent from the bride and groom in the presence of witnesses along with Qazi in Nikah. Muslim religion allows a man to have four marriages.
The Christian Marriage Act was made and implemented in 1872. In this, for marriage, it is necessary for both the parties or one of the parties to be Christian. People gather in the church. The priest conducts this marriage. This law was amended in the year 2001. Earlier it was very easy for men to divorce, but now it is not so.
The Parsi Marriage Act came into force in 1936. Here also the marriage contract is the same. Priest and two witnesses are also necessary here. This ritual is performed in a ceremony. Here also the boy and girl should not be of close relation. In this act also second marriage cannot be done without giving divorce. This is a legal offense.
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