| Women In The Sacred Laws |
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ESPRIT DES LOIS |
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Broadly speaking, the code+ consists of nine parts with 7 schedules. The provisions contained in the code are distributed into 139 sections. The subjects relate to marriage, divorce, adoption, minority, guardianship, and joint family property, women's property, succession and maintenance. The important feature of the code is that S. 2 of Part I applies to all Hindus including the members of Brahmo and Prarthana Samajs, the Arya Samaj as well as Buddhists, Jains and Sikhs. No distinction of caste or creed is made here.Part II, Ch. 1, deals with marriage: here two kinds of marriages are mentioned-the sacramental and the civil. In the former, marriage must be monogamous and the bride and bridegroom must complete fourteen and, eighteen years respectively. Civil marriage is in the form of a contract. Objection can be raised to a proposed marriage: a certificate of marriage is an essential feature of a civil marriage. Sacramental marriages can be registered if the parties so desire. The prohibition against Sapinda marriage is retained both in the sacramental and civil marriages. The latter are treated as contracts. Part II, Ch. II deals with avoidable marriages and S. 30 of the same deals with dissolution of marriage on special grounds, whether it is solemnized before or after the commencement of the code. |
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