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2017 Supreme(UK) 597

RAJIV SHARMA, SHARAD KUMAR SHARMA
Rajesh Kumar – Appellant
Versus
Manisha @ Lalita – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.D. Upadhyaya, Senior Advocate assisted by Mr. Naveen Tewari, Advocate
For the Respondent:Mr. Sunil Khera, Advocate

JUDGMENT :

Sharad Kumar Sharma, J.

The preamble of the Hindu Marriage Act is an enactment of the legislature which was formally regarded as a key to open the minds of the people and to avoid the mischief which was intended to be redressed by the Act.

2. The purpose of in certain elaborate preamble in the enactment was to give it a shape of a well settled law that cannot either be restricted or extended and enacted apart from what the language and the scope of the Act are. Under the legislative practice followed in India, it was felt to lay down a law relating to the formation of marriage or its dissolution and other allied matters in the same enactment. It almost governed all the aspects of the civilized society.

3. The system of marriage as it originates has its origin from the Rigveda and Smriti which have dealt with the marriage and its intricacies with meticulous care and study. But with the change of time, the enactment of the Hindu Marriage Act, 1955 was codified which was for the purposes to codify the law relating to the marriage amongst Hindus. Once a legislature codifies a law in a particular branch affecting the society it takes the shape of a social legislation. Hence any m

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