📘 Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

💠 HINDU MARRIAGE ACT EXPLAINED

The Hindu Marriage Act is an important component of most Judicial Service exams in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and other Judicial Service exams.
To help such aspirants, DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this important part of their syllabus:

📜 HINDU MARRIAGE ACT : SECTIONS 3 – 9

📘 TOPICS:

• “Custom” and “Usage”
• “Full blood” and “Half Blood”
• “Uterine Blood”
• “Sapinda Relationship” extends
• “Degrees of Prohibited Relationship”
• Restitution of Conjugal Right
• Execution of Decree for Restitution of Conjugal Rights

⚖️ Supreme Court Judgments Mentioned:

📖 Definitions — Section 3

“Custom” and “Usage”

• Any rule which
• has been continuously and uniformly observed for a long time
• has obtained force of law in any area, tribe or family
• is certain
• is not unreasonable or opposed to public policy

“Full blood” and “Half blood”

• Two persons are related to each other by full blood when they descend from a common ancestor by the same wife.
• Two persons are related by half blood when they descend from a common ancestor but by different wives.
• “Ancestor” includes the father.

“Uterine blood”

• Two persons are related to each other by uterine blood when they descend from a common ancestress but by different husbands.
• “Ancestress” includes the mother.

“Sapinda Relationship”

• Extends to:
• Third generation (inclusive) in line of ascent through mother
• Fifth generation (inclusive) in line of ascent through father
• The line being traced upwards from the person concerned who is to be counted as the first generation.

“Sapindas”

• Two persons are “sapindas” of each other if:
• One is a lineal ascendant of the other within limits of sapinda relationship or
• They have a common lineal ascendant who is within limits of sapinda relationship with each of them.

“Degrees of Prohibited Relationship”

• Two persons are within “degrees of prohibited relationship” if:
• One is a lineal ascendant of the other
• One was wife or husband of a lineal ascendant or descendant of the other
• One was wife of brother, father’s brother, mother’s brother, grandfather’s brother, or grandmother’s brother of the other
• If the two are brother and sister, uncle and niece, aunt and nephew, children of brother and sister, children of two brothers, or children of two sisters.

• Relationship includes:
• Full, half, or uterine blood
• Illegitimate or legitimate
• By adoption or by blood

⚖️ Section 4 — Overriding Effect

• Any text or rule of Hindu law or custom or usage as part of that law shall cease to have effect with respect to any matter in this Act.
• Any other law in force shall cease to have effect in so far as it is inconsistent with this Act.

📜 Section 8 — Registration of Hindu Marriages

Section 8(1)

• State Govt may make rules for proof of Hindu marriages by keeping a Hindu Marriage Register.

Section 8(2)

• State Govt may make registration compulsory.
• Contravention punishable with fine up to ₹25.

Section 8(4)

• The Hindu Marriage Register shall be open for inspection and admissible as evidence.

Section 8(5)

• The validity of any Hindu marriage shall not be affected by omission to make the entry.

💍 Section 9 — Restitution of Conjugal Right

• When either husband or wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution.
• The court may decree restitution if petition is true and no legal ground for rejection exists.
• Burden of proving reasonable excuse lies on the person who withdrew.

Order XXI Rule 32(1)

• Enforcement of decree for restitution of conjugal rights by attachment of property.
• If attachment continues for 6 months and decree not obeyed, property may be sold and compensation awarded.

Rule 33(1) — Discretion of Court

• The court may order periodical payments in case of non-obedience.
• Money ordered to be paid may be recovered as decree for payment of money.

📍 Delhi Law Academy – Jaipur Branch
6C, Tower 2, Coaching Hub, Pratap Nagar, Jaipur – 302033

📞 Phone:
+91 9911916552
+91 8447285606

✉️ Email:
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