LAWACADEMY

THE HINDU MARRIAGE ACT, 1955 The Hindu Marriage Act, 1955 (HMA) received the assent of the President on 18 May, 1955 and became law on that day. Overriding effect of the Act The Act has an overriding effect and it abrogates all the rules of marriage previously applicable. Section 4 provides that any text, rule or interpretation, custom or usage of Hindu Law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act. Any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act. Extra-territorial application of the Act The Act will apply to Hindu domiciled in India even if they reside outside India Section 1(2) provides for the extra-territorial application of the Act. It lays down that the Act extends to the whole of India. It also applies to Hindus domiciled in the territories to...

Contract The term 'Contract' is defined under Section 2(h) of the Act. It provides that 'an agreement enforceable by law is a contract'. Therefore, from this definition we find that essential element of contract is (1) there should be an agreement and (2) it must have element of enforceability. Therefore, those agreements which are enforceable are called contracts. Enforceability means that it is recognized in the eyes of law and the courts of law will enforce the agreement. Agreement As far as 'agreement' is concerned, it is defined in Section 2(e) . It provides that 'every promise and every set of promises, forming consideration for each other, is an agreement'. Section 2(b) provides that a proposal when accepted becomes promise. Thus, it can be said that a proposal when accepted becomes promise. Every promise is an agreement and when such agreement is enforceable by law it is called contract.  For example, 'A' proposes to 'B' '...