Marriage, Religion, and Estate

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Marriage, Religion and Estate

India is a land of different religions, so it has various marriages acts as per religion. But still, the concept of marriage is the same for every religion. The Hindu marriage and divorce act applies to every religion except Muslim, Christian, Parsi, and Jew but on the ground of Estate, it is almost the same. As Sikh has got their marriage act in 2012 but still they follow the same in the context of an estate.

The Hindu Succession Act 1956, The Hindu Minority and Guardianship Act 1956,  The Hindu Adoption and Maintenance Act, 1956 these three are applicable almost on every religion irrespective of having different marriage acts.

The Hindu, Budh, and Jain Marriage and Estate: Hindu code bill is the term used for all the four acts it carries. Those are  The Hindu Marriage Act 1955, The Hindu Succession Act 1956, The Hindu Minority and Guardianship Act 1956, The Hindu Adoption and Maintenance Act 1956. The following is written as per the above acts:

  • In this, both the spouses are entitled to have an equal share of the property. 
  • In the case of division of the estate among husband and his joint family, a wife can heir an equal part of share.
  • In case, the husband died wife will get an equal share of her husband’s estate. Her child and husband’s mother is being included in this. 
  • It doesn’t matter who owns the property among husband and wife, both of you have equal right until they got divorced legally. If the women have a child, she has more chances to get full ownership of the property while divorcing. 
  • In case of joint property like a house which both of them bought together etc. and if it is registered jointly, then the court will give both of them equal share while divorcing. 
  • In case the property is registered on the wife’s’ name, then the husband has to come up with proof of his investment in it, then only he is entitled to have the share. The same applies to the wife if the property is registered on the husband’s name.

The Muslim Marriage and Estate:

 In the following way, estate got affected as per Muslim personal law known as Muslim Marriage act /1939.

  • In the case of estate or property, she will heir up to one eighth if she has children. In the case, if she does not have a child then she will heir one fourth. In case the Muslim husband has more than one wife, the share can be divided up to one-sixteenth. 
  • In case the wife didn’t get her part in share as per law, a wife will heir greater participation in estate or will. A Muslim husband cannot give that one-third part to any of the other sharers under will. 
  • A Muslim woman has equal control over the property. She deserves all the maintenance she requires without any discriminatory action by his husband based on having more than one wife.
  • All of them should be given equal maintenance.  In case the husband differentiates among the wives, one can take legal action against him.
  • In the case of Divorce, a Muslim wife is entitled to have required facilities as per her future life including maintenance. Even at the period of Iddat, the husband is liable to the maintenance of his wife as per Muslim women act (1986- protection of rights on divorce).
  •  “Mehr” is her right, as per the terms and conditions agreed during the marriage. 

The Sikh Marriage and Estate:

The Sikh has their marriage act named “Anand Marriage act 2012”. Now they can register their marriage under the Anand Marriage act 2012 instead of the Hindu Marriage act. Following are the things, it states:

  • Equality is the first thing marriage gives both the spouse posses equal partnership. 
  • Caste, lineage, and social status is not considered under this Marriage act. 
  • Dowry is an offensive act here; it is not allowed to take Dowry by any means.
  • Marriage can be done on any day with the consent of both parties, as no day is holier above any other.
  • Sri Guru Granth Sahib Ji’s presence is a must in religious ceremonies.
  • Marriage cost should be divided among both the families equally as per the Anand Marriage Act 2012.
  • In the case of Divorce and Widow, the second marriage is allowed to both the spouse as per their choice.

The Christian Marriage and Estate: 

In the following way estate got affected as per Christian personal law of marriage known as “Indian Christian Marriage act/1872”.

  • After marriage, the husband is liable to her maintenance; in case he failed to do so then this can be a ground for divorce
  • In case the husband died, she will heir one-third of her husband’s property, the left will be provided to children equally.
  • Here even after getting divorced, the children (In case the couple had a baby) are entitled to have an equal share in their father’s property. So here in this way estate gets divided in the case of divorce.

Special Marriage Act

Special Marriage act 1954, this special marriage law allows people to get married regardless of place, religion, and faith they carry. Estate share rule is as per the Hindu code bill.  It provides the following things:

  • To authorize certain kinds of marriages in a special form.
  • To give authorization to special kinds of marriages by making it registered. 
  • To give laws regarding Divorce in case of special marriage. 

Conclusion: 

Well, what is estate here? It is the property owned by the person. As marriage is all about uniting two people who provide each other financial and emotional support. So in case, a situation of divorce occurs, the most important thing is the maintenance of the women spouse as she has left her own house already for marriage. In both situations, either marriage or Divorce “Estate” has an important role to play in any religion. Both the spouse is entitled to their share without any bias as per law. Consult and hire the best Lawyers in India

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