Jammu and Kashmir Hindu Marriage Act, 1980

No: 4 Dated: Apr, 14 1980

THE JAMMU AND KASHMIR HINDU MARRIAGE ACT, 1980

(Act No. IV of 1980)

An Act to amend and modify the law relating to marriage among Hindus.

Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-first Year of the Republic of India as follows :-

Preliminary

1. Short title and extent. - (1) This Act may be called the Jammu and Kashmir Hindu Marriage Act, 1980.

(2) It extends to the whole of the State of Jammu and Kashmir

2. Application of Act. - (1) This Act applies-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b) to any person who is a Buddhist, Jain or Sikh by religion, and

(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation. - The following persons are Hindus, Buddhists, Jains or Sikhs by religion, as the case may be :-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion ;

(b) any child, illegitimate or legitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parent belongs or belonged; and

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.

   (2) The expression 'Hindu' in any provision of this Act shall be construed as if it included a person, who though not a Hindu by religion, is, nevertheless a person to whom this Act applies by virtue of the provisions contained in this section.

3. Definitions. - In this Act, unless the context otherwise, requires,-

(a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to family it has not been discontinued by the family;

(b) "district court" means the principal civil court of original jurisdiction in any area and includes any other civil court which may be specified by the Government by notification in the Government Gazette as having jurisdiction in respect of the matters dealt within this Act;

(c) "fullblood" and "halfblood". - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives ;

(d) "uterine blood" two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands ;

Explanation. - In clause (c) and (d) "ancestor" includes the father and "ancestress" the mother ;

(e) "Prescribed" means prescribed by rules made under this Act;

(f) (i) "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation ;

(ii) two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them ;

(g) "degrees of prohibited relationship". - two persons are said to be within the "degrees of prohibited relationship"-

(i) if one is a lineal ascendant of the other ; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other ;or

(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other ; or

(iv) if the two or brother and sister, uncle and nice aunt and nephew, or children of brother and sister or of two brothers or of two sisters ;

Explanation. - for the purpose of clauses (f) and (g) relationship includes-

(i) relationship by half or uterine blood as well as by full blood ;

(ii) illegitimate blood relationship as well as legitimate ;

(iii) relationship by adoption as well as by blood ;

and all terms of relationship in those clauses shall be construed accordingly.