karan10bhalla

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CHILD MARRIAGE

Child marriage as a practice is not new to Indian society and culture. Child marriage can be defined as a marriage solemnised between two people where the female is below the age of 18 years, and the male is below the age of 21 years. Child marriages usually take place in rural areas where illiteracy and poverty are widespread. Many factors effectuate child marriages such as ignorance, social customs and traditions, low level of education and considering women as a financial burden. Child marriages have their own repercussions such as health problems to women due to early age pregnancies, further deterioration in the status of women and a vicious cycle of gender inequality ensue. Keeping this in mind, the British government enacted the Child Marriage Restraint Act, 1929 which was the first secular law towards curbing the menace of child marriage. However, it did not make the marriage void by itself. It only prescribed punishments for an adult male who married a minor and the parents who promoted such marriages. However the punishment was very less, and the fine was of a very small amount. The Act was amended now and then to increase the age limit. However, it largely remained a dead letter and failed to achieve its objective. According to the report “Improving Children’s Lives, Transforming the Future — 25 years of child rights in South Asia” by the United Nations’ children agency, UNICEF, India has the second highest number of child marriages with 43% of women aged 20-24 were first married by the age of 18 between 2005-2013

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DIVORCE

Before 1955, except by custom, divorce was not recognized in Hindu law. Local efforts at reforms of matrimonial law were made. Matrimonial causes (i.e., legal action in respect of marriages) in their real sense did not exist in Hindu law before 1955, although some reliefs in respect of marriage could be obtained under general law. Thus, a suit for a declaration that a marriage is null and void could be filed under Section 9, C.P.C. read with the Specific Relief Act. Similarly, a suit for restitution of conjugal rights could also be filed. The Hindu Married Woman's Right to Separate Residence and Maintenance Act, 1946, laid down certain grounds on which the wife could live separately and claim maintenance from her husband. The Act has been repealed, but its provision has been re-enacted in Section 18(2), Hindu Adoptions and Maintenance Act. 1956. The Hindu Marriage Act, 1955, accords recognition to matrimonial causes and makes provision for them. Under the Hindu Marriage Act, 1955'