Hindu Marriage Act 1955

An act to amend and codify the law relating to marriage among Hindus.
BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:—

What is The Hindu Marriage Act ?

The Hindu Marriage Act, 1955, is a important legislation that governs marriage among Hindus in India. The act was enacted by the Indian Parliament with the objective of reforming and modernizing the Hindu family law, making it more gender-equal and compatible with the needs of contemporary society.

Before the enactment of the Hindu Marriage Act, there were no uniform laws governing Hindu marriage in India. Instead, Hindu marriage customs and traditions varied significantly from region to region, with no standard guidelines for conducting or recognizing a marriage.

The Hindu Marriage Act, 1955, provides a uniform legal framework for Hindu marriage across the country. It sets out the conditions for a valid Hindu marriage, the rights and obligations of married couples, and the legal process for dissolution of marriage.

Provisions of the Hindu Marriage Act, 1955

One of the significant provisions of the Hindu Marriage Act, 1955, is that it recognizes monogamous marriage, which means that a Hindu person can only be legally married to one spouse at a time. It also sets the minimum age for marriage, which is 18 years for brides and 21 years for grooms.

The act also lays down the conditions for a valid marriage, including the consent of the parties, the absence of prohibited relationships, and the observance of certain customs and rituals. The act also recognizes certain grounds for divorce, such as cruelty, adultery, desertion, and conversion to another religion.

Rights and obligations of married couples

The Hindu Marriage Act, 1955, sets out the rights and obligations of married couples. It recognizes the equal right of women to seek divorce, and it provides for the right of women to maintenance and alimony in cases of separation or divorce. The act also recognizes the right of married couples to live together and to enjoy conjugal rights.

Amendments to the Hindu Marriage Act, 1955

In recent years, there have been some amendments to the Hindu Marriage Act, 1955, to further strengthen the rights of women. For example, the Marriage Laws (Amendment) Act, 2010, makes it mandatory for a husband to provide for his wife and children in the event of a separation or divorce.

Significance of the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, has played a significant role in modernizing and reforming Hindu family law in India. By providing a uniform legal framework for Hindu marriage, the act has helped to bring greater clarity and consistency to the institution of marriage among Hindus. It has also provided women with greater legal rights and protections, making marriage more equitable and just for all parties involved.

Sections

PRELIMINARY

1. Short title and extent.
2. Application of Act.
3. Definitions.
4. Overriding effect of Act.

HINDU MARRIAGES

5. Conditions for a Hindu marriage.
6. [Omitted.].
7. Ceremonies for a Hindu marriage.
8. Registration of Hindu marriages.

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

9. Restitution of conjugal right.
10. Judicial separation.

NULLITY OF MARRIAGE AND DIVORCE

11. Void marriages.
12. Voidable marriages.
13. Divorce.
13A. Alternate relief in divorce proceedings.
13B. Divorce by mutual consent.
14. No petition for divorce to be presented within one year of marriage.
15. Divorced persons when may marry again.
16. Legitimacy of children of void and voidable marriages.
17. Punishment of bigamy.
18. Punishment for contravention of certain other conditions for a Hindu marriage.

JURISDICTION AND PROCEDURE

19. Court to which petition shall be presented.
20. Contents and verification of petitions.
21. Application of Act 5 of 1908.
21A. Power to transfer petitions in certain cases.
21B. Special provision relating to trial and disposal of petitions under the Act.
21C. Documentary evidence.
22. Proceedings to be in camera and may not be printed or published.
23. Decree in proceedings.
23A. Relief for respondent in divorce and other proceedings.
24. Maintenance pendente lite and expenses of proceedings.
25. Permanent alimony and maintenance.
26. Custody of children.
27. Disposal of property.
28. Appeals from decrees and orders.
28A. Enforcement of decrees and orders.

SAVINGS AND REPEALS

29. Savings.
30. [Repealed.].