What
is “stridhan”What types of property can be called as stridhan? What types of
right can be exercised by a Hindu woman regarding stridhan?
In
saying ‘Stridhan’, there is understood the property of wife in which she has
exclusive right.
Before
the marriage program any bride to whom father, mother, husband fiven is called
Stridhan. In addition Stridhan is considered given dowry, marriage, revenue etc
to the wife at the time of receiving second wife by husband.
Any
Hindu woman at the time of her alive will be complete right of Stridhan. But
after her death legal successors only will have the right at the time of
enjoying in disposal property. The ultimate owner of the Stridhan is wife at
the time of alive of husband she can sell her property. But without Stridhan
any other property she cannot sell as per her satisfaction. Because, in the in
the final property wife has the right of interest to the limitation only.
Page No- 2
What are the conditions of a valid marriage
under special marriage Act 1872? Under what law, the divorce and succession
will be occurred of this kind of marriage? Is renunciation of religion pre-
requisite of special marriage?
In 1872 there is told in special marriage
that, whatever the religion a person follows whether Christian, Hindu, Muslim,
Parsi, Bhuddist, Shikh or Join he can marry under this laws. But if wanted to
marry in special laws both of parties as mentioned cannot follow the religion.
But if the marriage is happened within Hindu, Bhuddist, Shikh and Join then
they have to follow own religion.
Terms of Special Marriage
Both bride and bridegroom if marry in
special marriage laws-
1.
They have to unmarried. Meaning they will not be
have any other husband or wife existed.
2.
As per child marriage prevention laws (1929) the
age will have to be for bride 18 years and bridegroom 21 years old.
3.
Both of the parties mutually as because of blood
relation or relative will not be able to someone from prohibited ones.
Registration
Any party of the marriage will send written
notice for marriage. The marriage will accomplish government appointed
registrar. After 14 days of notice providing the marriage will be accomplished.
If there is any objection in that then it can be resolved in civil court. In
that marriage three witnesses and registrar will be presented.
Divorce
Divorce Act 1869, which is necessary for
Christian (To be seen part of the Christian Family Laws) that will be necessary
in this marriage.
Succession
Those who will marry under this law them
and their Children will divide property as per Succession Act 1925 (To be seen
Christian Family Law).
Both of the parties have to be declared if
married in this law that they are not followers of any religion. Meaning
without leaving religion marriage cannot be happened under these laws. Though
there has not said in anywhere of laws, there will have to leave religion. But
if wanted to marry under this laws both of the parties cannot be followers of
any religion, therefore without leaving religion in special marriage law
marriage cannot be happened. But in case of the Hindu, Bhuddist, Shikh and Join
religion followers marriage cannot be happened in this law without leaving
religion of the two religions.
There has been told in the case of Abdul
Hakim versus Obedus Samad 1964 (16 D. L. R 304) that without declaration of
leaving religion marriage cannot be done in this law. If the religion is not
left then the marriage will be illegal.
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