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sandipchoudhury   24 October 2017

Hindu Marriage Act vs Special Marriage Act

I am male Hindu, 33 years old. I am planning to get married in next year with a Hindu woman, 27 years old. I have found that many laws in India are woman biased. Also, some woman can misuse these laws.

Still, which Marriage Act has the favorable or neutral law for Indian men? Is it Hindu Marriage Act or Special Marriage Act? When I will register my marriage which Act should I choose?



Learning

 5 Replies


(Guest)

If u both belong to Hindu religion, then under HM Act only registration should be done..

Vijay Raj Mahajan (Advocate)     24 October 2017

Marriage laws has nothing to do with bais women laws concerning criminal cases being filed. Both Hindu Marriage Act as well the Special Marriage Act are good marriage laws and misuse of criminal laws relating to dowry, cruelty, domestic violence etc. by ladies married under any of these laws exists in the society. The men saying they married according to civil marriage law under the Special Marriage Act and no dowry demanded or taken are also struck in criminal cases under Dowry Prohibition Act, 406, 498a IPC and DV Act complaints. If you are lucky you get loving dedicated wife any manner you marry her and money minded crooked woman will harm you if she has made her mind to do so.
1 Like

Vijay Raj Mahajan (Advocate)     24 October 2017

Marriage laws has nothing to do with bais women laws concerning criminal cases being filed. Both Hindu Marriage Act as well the Special Marriage Act are good marriage laws and misuse of criminal laws relating to dowry, cruelty, domestic violence etc. by ladies married under any of these laws exists in the society. The men saying they married according to civil marriage law under the Special Marriage Act and no dowry demanded or taken are also struck in criminal cases under Dowry Prohibition Act, 406, 498a IPC and DV Act complaints. If you are lucky you get loving dedicated wife any manner you marry her and money minded crooked woman will harm you if she has made her mind to do so.

Siddharth Srivastava (Advocate)     24 October 2017

As such there is no neutral law. Applicability of law depends on wrong committed by a person. Your marriage shall be registed under Hindu marriage Act.

test123   26 October 2017

there is big difference on these SMA & HMA.

if you looking to annul your marriage.. HMA have different clauses .

for Annulment :

HMA either spouse MUST be impotent.

SPA never had s*x. very easy to get annul your marriage.   [ does not require any phere, marriage is valid ]

registeration of marriage under HMA require Marriage validity [ 5 or 7 phere  which is acceptable in your customs ]

 

for divorce it doesnt matter which law your marriage is register.

 

 


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