'Who can get Exemption from punishment under Hindu Law" ?

'Who can get Exemption from punishment under Hindu Law" ?

by khandoker jeba jannat joya -
Number of replies: 0

Under Hindu law, specifically referencing The Hindu Marriage Act and the Special Marriage Act, 1954, it primarily focuses on matrimonial issues. Therefore, the context of exemptions from punishment typically pertains to matters surrounding marriage, dissolution, and related obligations.

Exemptions from Punishment

  1. Definition and Scope

    • The Hindu Marriage Act does not explicitly mention "exemptions from punishment." However, it deals extensively with conditions and procedures for marriage, as well as grounds and processes for divorce 
    • The Special Marriage Act, which is applicable to all citizens of India, irrespective of religion, similarly addresses matrimonial matters including divorce and child custody but does not specify sections dedicated to "exemptions from punishment" 

  2. Temporary and Permanent Alimony

    • In the context of alimony and financial maintenance, there are provisions under both acts whereby financial obligations can be adjusted based on circumstances. For instance, alimony can be awarded on a temporary basis, dependent on the financial situation and other relevant circumstances of both parties involved 
    • These adjustments ensure that obligations are fair and consider the financial capacity and needs of both parties, effectively acting as an "exemption" in cases where one party cannot meet the prescribed financial duties due to prevailing conditions 

  3. Grounds for Divorce

    • Grounds for divorce under Hindu law and the Special Marriage Act include adultery, desertion, cruelty, mental disorder, and renunciation of the world. Showing that a legal ground for divorce exists allows for the dissolution of marriage without the punishment of continuing a legally binding but dysfunctional marriage 

Conclusion

While the Hindu Marriage Act and the Special Marriage Act, 1954, do not explicitly mention exemptions from punishment in a legal or criminal sense, they provide mechanisms for adjusting financial obligations via alimony and permit the dissolution of marriages under specific grounds. These provisions ensure fairness and justice in matrimonial matters.